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pdfFORM BE-15B (REV 10/2020)
OMB No. 0608-0034: Approval Expires 10/12/2021
BE-15 Identification Number
*Do not enter Social Security Number as Identification Number
2020 ANNUAL SURVEY OF FOREIGN DIRECT INVESTMENT IN THE UNITED STATES
MANDATORY – CONFIDENTIAL
FORM BE–15B
Due date: May 31, 2021
Electronic filing: www.bea.gov/efile
Mail reports to: U.S. Department of Commerce
Bureau of Economic Analysis
Direct Investment Division, BE–49(A)
4600 Silver Hill Rd
Washington, DC 20233
Deliver reports to: U.S. Department of Commerce
Bureau of Economic Analysis
Direct Investment Division, BE–49(A)
4600 Silver Hill Rd
Suitland, MD 20746
Fax reports to: (301) 278–9500
Assistance:
Name and address of U.S. business enterprise
1002 Name of U.S. affiliate
0
1010 c/o (care of)
0
1003 Street or P.O. Box
0
1004 City
0
0998
1005 ZIP Code
0
State
Foreign Postal Code
Or
E-mail: be12/[email protected]
Telephone: (301) 278-9247
Copies of blank forms: www.bea.gov/fdi
Or
Include your BE–15 Identification Number with all requests.
Have you been notified that you must file a BE-15 Survey?
If so, you must file a BE-15A, BE-15B, BE-15C, or BE-15 Claim for Exemption by the due date.
Who must file BE–15B:
Those majority-owned U.S. affiliates with any of
the following items exceeding $120 million, but with
all items not exceeding $300 million (positive or negative):
• Total assets
• Sales or gross operating revenues
• Net income
Those minority-owned U.S. affiliates with any
of the following items exceeding $120 million
(positive or negative):
• Total assets
• Sales or gross operating revenues
• Net income
AND
If you do not meet the filing criteria above, another BE-15 survey may be applicable. See instruction I.A.1 on page 15 to determine which form
to file. For more information on filing requirements, see instruction I.2 on page 16.
Certain private funds may be exempt from filing. See item 2(d) of the BE-15 Claim for Exemption for more information.
Mandatory and Confidential
This survey is being conducted under the International Investment and Trade in Services Survey Act (P.L. 94–472, 90 Stat. 2059, 22 U.S.C. 3101–
3108, as amended). The filing of reports is mandatory, and the Act provides that your report to this Bureau is confidential. Whoever fails to report may
be subject to penalties. See page 14 for more details.
CONTACT INFORMATION
CERTIFICATION
Provide information of person to consult about this report:
The undersigned official certifies that this report has been prepared
in accordance with the applicable instructions, is complete, and is
substantially accurate including estimates that may have been provided.
1000 Name
0
1029 Street 1
0
Signature of Authorized Official
1030 Street 2
0
1031 City
0
1001 Telephone Number
0
0999 Fax Number
0
Date
0
0990 Name
0
State
Zip
0991 Title
0
Extension
0992 Telephone Number
0
0
Extension
0
0993 Fax Number
0
1028 E-mail Address
0
NOTE: BEA uses a Secure Messaging System to correspond with you via encrypted message to discuss questions relating to this form. We may use
your e-mail address for survey-related announcements and to inform you about secure messages. When communicating with BEA by e-mail, please do
not include any confidential business or personal information.
Part I – Identification of U.S. Affiliate
IMPORTANT
Review the instructions starting on page 14 before completing this form. Insurance and real estate companies — see special instructions
starting on page 22.
• Accounting principles — If feasible, use U.S. Generally Accepted Accounting Principles (U.S. GAAP) to complete Form BE–15
unless you are requested to do otherwise by a specific instruction. References in the instructions to Financial Accounting
Standards Board Accounting Standards Codification Topics are referred to as “FASB ASC.”
• U.S. affiliate’s 2020 fiscal year — The affiliate’s financial reporting year that had an ending date in calendar year 2020.
• Consolidated reporting — A U.S. affiliate must file on a fully consolidated domestic U.S. basis, including in the consolidation
ALL U.S. business enterprises proceeding down each ownership chain whose voting securities are more than 50 percent owned
by the U.S. business enterprise above. Consolidation rules are found in instruction IV.2 starting on page 17.
• Rounding — Report currency amounts in U.S. dollars rounded to thousands (omitting 000).
$ Bil.
Do not enter amounts in the shaded portions of each item.
Example — If amount is $1,334,891.00 report as:................................................................................................
Mil.
Thous.
Dols.
1
335
000
1 Which financial reporting standards will you use to complete this BE–15 report?
NOTE — The BE-15 report should be completed using U.S. Generally Accepted Accounting Principles. If using U.S. GAAP to complete this
report is highly burdensome, or otherwise not feasible, you may use other financial reporting standards, preferably with adjustments to correct
for any material differences between U.S. GAAP and the reporting standards used.
1399 1
1
U.S. Generally Accepted Accounting Principles
1
2
International Financial Reporting Standards (as promulgated by, or adapted from, the International Accounting Standards Board)
NOTE — Do not prepare your BE–15 report using the proportionate consolidation method.
1
3
Other reporting standards — Specify the reporting standards used
2 Is more than 50 percent of the voting interest in this U.S. business enterprise owned by another U.S. affiliate of the foreign
parent (see the diagram below)?
1400 1
1
1
2
Yes If “Yes” — Do not complete this report unless exception 2.c. described in the consolidation rules applies. This exception states
that a U.S. affiliate in which a direct ownership interest and an indirect ownership interest are held by different foreign persons
should not be fully consolidated into another U.S. affiliate, but must complete and file its own Form BE-15 report. See diagram
on page 18 for an illustration of this exception.
If this exception does not apply, forward the BE–15 notification to file to the U.S. business enterprise owning your company
more than 50 percent, and notify BEA of the action taken by filing BE–15 Claim for Exemption with item 2(c) completed on
page 3 of that form. The BE–15 Claim for Exemption can be accessed through eFile or downloaded from BEA’s Web site at:
www.bea.gov/fdi
No
If “No” — Complete this report in accordance with the consolidation rules starting on page 17.
CONSOLIDATION OF U.S. AFFILIATES
Foreign parent
Foreign
10 to 100 percent
United States
U.S. business enterprise B should be consolidated
on the BE–15 report for U.S. business enterprise A
because U.S. business enterprise B is more than 50
percent owned by U.S. business enterprise A.
U.S. business enterprise A
> 50 percent
U.S. business enterprise B
FORM BE-15B (REV 10/2020)
Page 2
Part I – Identification of U.S. Affiliate - Continued
3 Enter Employer Identification Number(s) used by the U.S. affiliate to file income and payroll taxes.
Other
Primary
1006 1
2
–
–
4 Reporting period — Reporting period instructions are found in instruction 4 on page 18. If there was a change in fiscal year, review
instruction 4.b. on page 18.
1007
Month
Day
1
This U.S. affiliate’s fiscal year ended in calendar year 2020 on............................................................................... __ __ / __ __ /
Year
2020
Example — If the fiscal year ended on March 31, report for the 12-month period ended March 31, 2020.
NOTE — Affiliates with a fiscal year that ended within the first week of January 2021 are considered to have a 2020 fiscal year and should
report December 31, 2020 as their 2020 fiscal year end.
5 Did the U.S. business enterprise become a U.S. affiliate during its fiscal year that ended in calendar
year 2020?
1008 1
Month
Day
Year
1009 1
1
Yes If “Yes” — Enter the date the U.S. business enterprise became a U.S. affiliate and see
instruction 5 on page 18 to determine how to report for the first time........................................... __ __ / __ __ / __ __ __ __
1
2
No
NOTE — For a U.S. business enterprise that became a U.S. affiliate during its fiscal year that ended in calendar year 2020, leave the close
FY 2019 data columns blank. A U.S. business enterprise existing before fiscal year 2020 that became a U.S. affiliate in fiscal year 2020 should
file a report covering a full 12 months of operations. All U.S. business enterprises that become a new affiliate are also required to file a Form
BE-13. More information and copies of survey forms can be found at www.bea.gov/be13.
6 Is the U.S. affiliate named on page 1 separately incorporated in the United States, including its territories and possessions?
1
1011
1
Yes
1
2
No – Reporting rules for unincorporated affiliates are found in instruction 6 starting on page 18. .Reporting rules for real estate
are found in instruction V.C. on page 23.
7 U.S. business enterprises fully consolidated in this report – U.S. business enterprises that are more than 50 percent owned based
on voting interest should be fully consolidated in this report, except as noted in the consolidation rules starting on page 17. Banks — see
instruction I.C. on page 16 for aggregated reporting rules.
Enter the number of U.S. business enterprises consolidated in this report in the box below. Hereinafter they are considered to be one U.S.
affiliate. If the report is for a single U.S. business enterprise, enter “1” in the box below. Exclude from the consolidation all foreign business
enterprises or operations owned by this U.S. affiliate.
1012
1
If number is greater than one, complete Supplement A on page 11.
8 U.S. affiliates NOT fully consolidated – See instruction 8 on page 19.
Number of U.S. affiliates, in which this U.S. affiliate has an ownership interest, that are NOT fully consolidated in this report.
1013
1
If number is not zero, complete Supplement B on page 12.
The U.S. affiliate named on page 1 must include data for any unconsolidated U.S. affiliates on an equity basis or, if less than 20
percent owned, in accordance with FASB ASC 320 (formerly FAS 115) or the cost method of accounting. The U.S. affiliate named
on page 1 also must notify the unconsolidated U.S. affiliates of their obligation to file a BE-15 in their own names (see page 15 to
determine the appropriate form for these affiliates to file).
FORM BE-15B (REV 10/2020)
Page 3
Part I – Identification of U.S. Affiliate – Continued
OWNERSHIP — Enter percent of ownership in this U.S. affiliate, to a tenth of one percent, based on voting interest (or an equivalent interest if an
unincorporated affiliate). “Voting interest” is defined in instructions for items 9–13 starting on page 19.
Foreign parent — A foreign parent is the FIRST person or entity outside the U.S. in a chain of ownership that has a 10 percent or more voting interest
(direct or indirect) in this U.S. affiliate. Country of incorporation or organization (if a business enterprise) or residence (if an individual) — For individuals,
see instruction V.G. on page 24.
Country of
foreign parent
Name of each direct owner
Voting interest
Close FY 2020
(1)
Close FY 2019
(2)
BEA
USE
ONLY
Ownership held directly by foreign parent(s) of this affiliate — see example 1 below.
Enter name of each foreign parent with direct ownership and the country of the foreign parent — if more than 2, continue on next page.
9
1017 1
2
3
___ ___ ___ . ___% ___ ___ ___ . ___%
10
1018 1
2
3
___ ___ ___ . ___% ___ ___ ___ . ___%
Ownership held directly by all U.S. affiliates of the foreign parent(s) — see example 2 below. Enter name of each U.S. affiliate that owns this affiliate
and the country of the foreign parent — if more than 2, continue on next page.
11
2
3
1063 1
___ ___ ___ . ___% ___ ___ ___ . ___%
12
2
3
1064 1
___ ___ ___ . ___% ___ ___ ___ . ___%
13
1061
Direct ownership held by all other persons (do not list names)..............................................................
TOTAL — Sum of items 9 through 13 ....................................................................................................
1
2
___ ___ ___ . ___% ___ ___ ___ . ___%
100%
100%
EXAMPLES OF DIRECT AND INDIRECT FOREIGN OWNERSHIP
Example 1 – Ownership held directly by a foreign parent
Example 2 – Ownership held directly by all U.S. affiliates of the
foreign parent(s)
Foreign company X
Foreign company Y is the foreign
parent because it is the first owner
located outside the U.S. in a chain of
ownership that owns 10 percent or
more of the U.S. affiliate.
Foreign parent
10 to 100 percent
Foreign company Y
(Foreign parent)
Foreign
United States
U.S. affiliate A
10 to 100 percent
U.S. affiliate B is indirectly owned by the
foreign parent through U.S. affiliate A. U.S.
affiliate A has a direct ownership interest in
U.S. affiliate B.
Foreign
United States
U.S. affiliate
U.S. affiliate B
BEA USE ONLY
1200
1
2
3
4
5
1201
1
2
3
4
5
1202
1
2
3
4
5
1203
1
2
3
4
5
FORM BE-15B (REV 10/2020)
Page 4
DIRECT OWNERSHIP–continued
Use only if you need to enter more owners after item 10 on the previous page.
Country of incorporation or
organization (if a business
enterprise) or residence
(if an individual) — For
individuals, see instruction
V.G. on page 24.
Ownership held directly by foreign parent(s)
of this U.S. affiliate — Give name of each foreign
parent with direct ownership.
Voting interest
Close FY
2020
(1)
(2)
(2)
1
1019
BEA
USE
ONLY
Close FY
2019
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1020
1021
1022
1023
1024
1025
1026
INDIRECT FOREIGN PARENT OWNERSHIP–continued
Use only if you need to enter more owners after item 12 on the previous page.
Ownership held indirectly by foreign parent(s) of this
U.S. affiliate through another U.S. affiliate — Give name of each
higher tier U.S. affiliate with direct ownership in this U.S. affiliate.
Country of incorporation or
organization (if a business
enterprise) or residence
(if an individual) — For
individuals, see instruction
V.G. on page 24.
Voting interest
Close FY
2020
(1)
1065
1066
1067
1068
1069
FORM BE-15B (REV 10/2020)
(2)
1
BEA
USE
ONLY
Close FY
2019
(2)
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
1
2
3
_ _ _ . _ % _ _ _ . _ %
Part I – Identification of U.S. Affiliate – Continued
14
Enter the name, industry code and city of the foreign parent. If there is more than one foreign parent, list each and its industry code on a
separate sheet.
14a Enter name of foreign parent. If the foreign parent is an individual, enter “individual.”
3011 0
14b Enter the foreign parent industry code from the list of codes on page 6 that best describes the PRIMARY activity of the SINGLE entity
named as the foreign parent. DO NOT base the code on the worldwide sales of all consolidated subsidiaries of the foreign parent. If the
foreign parent is an individual, enter code “05.”
3018 1
Ownership type:
■
Direct
■ Indirect
14c What is the city of incorporation of the foreign parent named in 14a ? DO NOT report the city of residence if the foreign parent is an
individual or government entity (enter N/A).
3024 0
15
For each foreign parent, furnish the name, country, industry code and city of the ultimate beneficial owner (UBO) – see UBO examples
on page 6. If there is more than one foreign parent, list each on a separate sheet and give the name of its UBO, and the UBO’s country and
industry codes.
The UBO is the person or entity, proceeding up the ownership chain beginning with and including the foreign parent, in which no other entity
has more than 50 percent direct voting interest.
15a Is the foreign parent also the UBO? If the foreign parent is owned or controlled MORE THAN 50 percent by another person or entity, then
the foreign parent is NOT the UBO.
3019 1
1
1 ■ Yes – (example 1 on page 6) – Skip to 15e
2 ■ No – (examples 2A and 2B on page 6) – Continue with 15b
15b Enter the name of the UBO of the foreign parent. If the UBO is an individual, or an associated group of individuals, enter “individual.” See
instruction II.D. on page 16 for the definition of associated group. Identifying the UBO as “bearer shares” is not an acceptable response.
3021 0
15c Enter country in which the UBO is incorporated or organized, if a business enterprise, or is resident, if an
individual or government. For individuals, see instruction V.G. on page 24.
3022 0
BEA USE ONLY
3022 1
15d What is the city of incorporation of the UBO named in 15b ? DO NOT report the city of residence if the UBO is an individual or
government entity (enter N/A).
3025 0
15e Enter the industry code of the UBO from the list of codes on page 6. Select the industry code that best reflects the consolidated worldwide
sales of the UBO, including all of its majority-owned subsidiaries.
3023 1
FORM BE-15B (REV 10/2020)
(Do not use code 14 for the UBO).
Page 5
Part I – Identification of U.S. Affiliate – Continued
FOREIGN PARENT AND UBO INDUSTRY CODES
Note: “ISI codes” are International Surveys Industry codes, as given in the Guide to Industry Classifications for International Surveys, 2017.
See the Summary of Industry Classifications on page 13.
01 Government and government-owned or -sponsored
enterprise, or quasi-government organization or
agency
16 Real estate (ISI code 5310)
17 Information (ISI codes 5111–5191)
18 Professional, scientific, and technical services (ISI codes 5411–5419)
02 Pension fund — Government run
19 Other services (ISI codes 1150, 2132, 2133, 5321, 5329, and
5611–8130)
03 Pension fund — Privately run
04 Estate, trust, or nonprofit organization
Manufacturing, including fabricating, assembling, and processing of
goods:
05 Individual
Private business enterprise, investment organization,
or group engaged in:
20 Food (ISI codes 3111–3119)
21 Beverages and tobacco products (ISI codes 3121 and 3122)
06 Insurance (ISI codes 5242, 5243, 5249)
22 Pharmaceuticals and medicine (ISI code 3254)
07 Agriculture, forestry, fishing and hunting (ISI codes
1110–1140)
23 Other chemicals (ISI codes 3251–3259, except 3254)
24 Nonmetallic mineral products (ISI codes 3271–3279)
08 Mining (ISI codes 2111–2127)
25 Primary and fabricated metal products (ISI codes 3311–3329)
09 Construction (ISI codes 2360–2380)
26 Computer and electronic products (ISI codes 3341–3346)
10 Transportation and warehousing (ISI codes 4810–
4939)
27 Machinery (ISI codes 3331–3339)
28 Electrical equipment, appliances and components (ISI codes 3351–
3359)
11 Utilities (ISI codes 2211–2213)
12 Wholesale and retail trade (ISI codes 4231–4540)
29 Motor vehicles and parts (ISI codes 3361–3363)
13 Banking, including bank holding companies (ISI
codes 5221 and 5229)
30 Other transportation equipment (ISI codes 3364–3369)
31 Other manufacturing (ISI codes 3130–3231, 3261, 3262, 3370–3399)
14 Holding companies, excluding bank holding
companies (ISI codes 5512 and 5513)
32 Petroleum manufacturing, including integrated petroleum and
petroleum refining without extraction (ISI codes 3242–3244)
15 Other finance (ISI codes 5223, 5224, 5231, 5238,
that part of ISI code 5252 that is not estates and
trusts, and ISI code 5331)
EXAMPLES OF THE ULTIMATE BENEFICIAL OWNER (UBO)
Example 1 – The UBO and foreign parent are the same
Foreign company X
The UBO and foreign parent are the
same if the foreign parent is NOT more
than 50 percent owned or controlled by
another person or entity.
Foreign
1 to 50 percent
Foreign parent = UBO
United States
U.S. affiliate
Examples 2A and 2B – The foreign parent is NOT the UBO
A. The UBO is a foreign person or entity
Foreign company Y is the foreign parent
of the U.S. affiliate; foreign company X
is the UBO. The foreign parent is not
the UBO if the foreign parent is more
than 50 percent owned or controlled by
another person or entity.
Foreign
B. The UBO is a U.S. person or entity
Foreign company X
(UBO)
Foreign company Z is the foreign
parent of the U.S. affiliate. U.S.
company C is the UBO.
>50 Percent
Foreign company Z
(Foreign parent)
Foreign company Y
(Foreign parent)
Foreign
United States
United States
U.S. affiliate
FORM BE-15B (REV 10/2020)
>50 Percent
U.S. company C
(UBO)
Page 6
U.S. affiliate
Part II – Financial and Operating Data of U.S. Affiliate
Section A – INDUSTRY CLASSIFICATION AND TOTAL SALES OF FULLY CONSOLIDATED U.S. AFFILIATE
16 What is (are) the major product(s) and/or service(s) of the fully consolidated U.S. affiliate? If a product, also state what is done to it,
i.e., whether it is mined, manufactured, sold at wholesale, transported, packaged, etc. (For example, “manufacture widgets.”)
1163
0
Enter the 4-digit International Surveys Industry (ISI) code(s) and the sales associated with each code in items 17 through 20 .
Book publishers, printers, and real estate investment trusts see instructions 17–22 on page 20.
Column 1 – ISI Code – See the Summary of Industry Classifications on page 13. For a full explanation of each code, see the Guide to Industry
Classifications for International Surveys, 2017 located at www.bea.gov/naics2017. For an inactive affiliate, base the industry classification(s)
on its last active period. For “start-ups” with no sales, show the intended activities. Holding company (ISI code 5512) is often an invalid industry
classification for a conglomerate. A conglomerate must determine its industry code based on the activities of the fully consolidated domestic U.S.
business enterprise.
Column 2 – Sales
INCLUDE
EXCLUDE
• Total sales or gross operating revenues, excluding sales taxes,
returns, allowances, and discounts.
• Investment gains and losses reported in item 53 .
• Sales or consumption taxes levied directly on the consumer.
• Fees and commissions
• Excise taxes levied directly on manufacturers, wholesalers, and
retailers.
• Revenues generated during the year from the operations of a
discontinued business segment.
• Gains (losses) from DISPOSALS of discontinued operations and
gains and losses from derivative instruments (report as certain
gains (losses) in item 53 ).
• ONLY finance and insurance companies and units should report
dividends and interest. Companies involved with repos and
reverse repos – see instructions 17–22 on page 20.
• Dividends and interest earned by non-finance and noninsurance companies and units.
• Total income of holding companies including income (loss) from
equity investments in unconsolidated U.S. and foreign business
enterprises, certain gains (losses), other income, plus sales and
gross operating revenue, if any.
ISI code
Sales
(2)
(1)
$ Bil. Mil. Thous. Dols.
1164 1
2
1165 1
2
1166 1
2
1167 1
2
17 Enter code of industry with largest sales.........................................................................................................
18 Enter code of industry with 2nd largest sales .................................................................................................
19 Enter code of industry with 3rd largest sales...................................................................................................
20 Enter code of industry with 4th largest sales...................................................................................................
000
000
000
000
2
21 Sales not accounted for above – Items 17 through 20 must all have entries if amounts are entered 1173
in this item.......................................................................................................................................................
000
1174 1
2
22 Total sales or gross operating revenues (excluding sales taxes) – Sum of items 17 through 21 ,
column 2..........................................................................................................................................................
000
$ Bil. Mil. Thous. Dols.
Section B – OTHER FINANCIAL AND OPERATING DATA FOR FY 2020
2159
1
23 Net income (loss) — after provision for U.S. Federal, state, and local income taxes................................................................
000
2253
1
2403
25 Research and development (R&D) performed BY the U.S. affiliate — INCLUDE all costs incurred in performing
R&D, including depreciation, amortization, wages and salaries, taxes, materials and supplies, overhead — whether
or not allocated to others — and all other indirect costs. EXCLUDE the cost of R&D funded by the U.S. affiliate but
performed by others. See instruction 25 on page 20...................................................................................................................
1
2390
1
2397
1
24 Employee compensation — Base compensation on payroll records. Employee compensation must cover
compensation charged as an expense on the income statement, charged to inventories, or capitalized during the
reporting period. INCLUDE wages and salaries and employee benefit plans. EXCLUDE compensation related to
activities of a prior period, such as compensation capitalized or charged to inventories in prior periods. EXCLUDE
compensation of contract workers and other workers not carried on the payroll of this U.S. affiliate. See instruction
24 on page 20..............................................................................................................................................................................
26 Expenditures for land and other property, plant, and equipment — INCLUDE all purchases by, or transfers (at
net book value) to, the U.S. affiliate of land, mineral and timber rights, and other property, plant and equipment. Also
INCLUDE capitalized and expensed exploration and development expenditures. EXCLUDE expenditures made in
prior years that are reclassified in the current year. Also EXCLUDE land and other property, plant, and equipment
obtained through the acquisition of or merger with another company during the year. DO NOT net out sales and
other dispositions of property, plant, and equipment from the expenditures reported in this item...............................................
27 Gross book value of all land and other property, plant, and equipment at close of FY 2020................................................
2597
BEA USE ONLY
FORM BE-15B (REV 10/2020)
Page 7
000
000
000
000
Part II – Financial and Operating Data of U.S. Affiliate – Continued
Section C – U.S. TRADE IN GOODS BY U.S. AFFILIATE ON A SHIPPED BASIS
Report the value of goods exported and imported by the U.S. affiliate during the fiscal year that ended in calendar year 2020.
EXCLUDE services. Software publishers – see the discussion under packaged general use computer software on page 21.
Report amounts on a “shipped basis.” See instructions 28–29 on page 21 for details of what to include in these items.
$ Bil. Mil. Thous. Dols.
2502 1
28 Exports, including capital goods – Shipped by U.S. affiliate to foreign persons (valued f.a.s. U.S. port).................................
000
2515 1
29 Imports, including capital goods – Shipped to U.S. affiliate by foreign persons (valued f.a.s. foreign port).............................
Section D – BALANCE SHEET
For insurance companies — see special instructions starting on page 22.
NOTE – Foreign operations of the U.S. affiliate, including those in which
it has a majority interest, are to be unconsolidated. Include all
unconsolidated foreign operations using the equity method.
Close FY 2020
$ Bil. Mil. Thous. Dols.
2109 1
30
Total assets.........................................................................................
000
31
Total liabilities.....................................................................................
000
32
Total owners’ equity — Item 30 minus item 31 ...............................
000
2114 1
2120 1
1 3
Check box if total liabilities are zero
Section E – EMPLOYMENT AND PROPERTY, PLANT, AND EQUIPMENT BY LOCATION
Complete the schedule on the following page for up to five or fifteen states, (whichever is applicable based on the instructions in item
33 ), in which the U.S. affiliate has operations. If the U.S. affiliate has activities in more than five (or fifteen) states, report those states for which
the number of employees (column (3)) is largest. If the number of employees is zero or insignificant, use the gross book value of all land and other
property, plant, and equipment (column (5)) to determine the five (or fifteen) states.
Column 3 – Number of employees at close of FY 2020 – Include only employees of those U.S. business enterprises that are fully consolidated
into the reporting U.S. affiliate. Do not consolidate or include employees of foreign business enterprises or operations, whether incorporated or
unincorporated. Include all employees on the payroll at the end of the fiscal year that ended in calendar year 2020, including part-time employees.
Exclude contract workers. A count taken at some other date during the reporting period may be given provided it is a reasonable estimate of the number
on the payroll at the end of the fiscal year. Location of employees is the U.S. state, territory, or possession in which the person is permanently employed.
Column 4 – Complete this column ONLY if the U.S. affiliate is majority-owned by foreign parent(s). Include all employees on the payrolls of
operating manufacturing plants in the state. Include administrative office and other auxiliary employees located at an operating plant and who serve
only that plant.
Column 5 – Include land and other property, plant, and equipment items, whether carried as investments, in fixed asset accounts, or in other
balance sheet accounts. Include land held for resale, for investment purposes, and all other land owned. Include land and other property, plant,
and equipment on finance leases from others, but exclude that on finance leases to others. Include property you own that you lease to others
under operating leases. Value land and other property, plant, and equipment at historical cost before any allowances for depreciation or depletion.
FORM BE-15B (REV 10/2020)
Page 8
000
Part II – Financial and Operating Data of U.S. Affiliate – Continued
33 Choose one of the following three options to complete the schedule below based on the size of the U.S. affiliate (total assets,
sales or gross operating revenues, or net income (loss), not just the foreign parent’s share) and whether it is majority-or-minority
owned by foreign parent(s). Consider the U.S. affiliate in total, not just the foreign parent’s share of the affiliate. Mark (X) one.
1102
1
1
1
1
Minority-owned with size greater than $300 million – Complete columns 3 and 5 of the schedule below for up to fifteen states.
2
Minority-owned with size of $120 million to $300 million – Complete columns 3 and 5 of the schedule below for up to five states.
3
Majority-owned with size of $120 million to $300 million – Complete all columns of the schedule below for up to five states.
Sum the data for the remaining states on line 49 if the affiliate has operations in more than fifteen or five states, respectively.
BEA
USE
ONLY
STATE — Enter name
Enter name of U.S. territory or possession on
the lines below. Additional instructions for
items 34–50 are found on page 21
BEA
USE
ONLY
(1)
If U.S. affiliate is
majority-owned by
foreign parent(s),
report the portion of
employees in column (3)
that are manufacturing
employees
Number of employees
at close of FY 2020
(3)
(2)
Total equals item 27
(4)
Number
1
Gross book value (historical
cost) of all land and
other property, plant, and
equipment wherever carried
on balance sheet, FY 2020
closing balance
Number
(5)
$ Bil.
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2
3
4
5
2764 2
3
4
5
2700 2
3
4
5
Mil.
Thous.
34
000
1
35
000
1
36
000
1
37
000
1
38
000
1
39
000
1
40
000
1
41
000
1
42
000
1
43
000
1
44
000
1
45
000
1
46
000
1
47
000
1
48
1
49
000
Employment and property, plant, and
equipment not accounted for above
1
50
000
TOTAL — Sum of items 34 through 49
000
BEA USE ONLY
2598 1
FORM BE-15B (REV 10/2020)
Dols.
Page 9
Part II – Financial and Operating Data of U.S. Affiliate – Continued
Section F — OTHER FINANCIAL AND OPERATING DATA (MAJORITY-OWNED U.S. AFFILIATES)
52 Did the sum of the ownership interests (both direct and indirect) held by ALL foreign parents in the voting securities (or an
equivalent interest) of this U.S. affiliate EXCEED 50 percent as of the end of the U.S. affiliate’s fiscal year that ended in calendar
year 2020? “Voting interest” is defined in instructions 9–13 starting on page 19.
1101 1 1
Yes – Continue with item 53 .
1
2
No – STOP. You have completed the BE-15B.
NOTE: Complete items 53 through 62 ONLY if item 52 is answered “Yes”
$ Bil.
Mil.
Thous. Dols.
2151 1
53 Certain gains (losses), included in item 23 , net income (loss) – Report at gross amount before income tax
effect. Report income tax effect in item 54 . See instruction 53 starting on page 21 for details of what to include
in this item..............................................................................................................................................................................
000
2156 1
54 Income taxes – Provision for U.S. Federal, state, and local incomes taxes. INCLUDE the income tax effect of
certain gains (losses) reported in item 53 . EXCLUDE production royalty payments............................................................
000
2400 1
55 Interest income from all sources (including foreign parents and affiliates), after deduction of taxes withheld
by the payer. Do not net against interest expense (item 56 )...............................................................................................
000
2401 1
56 Interest expense plus interest capitalized, paid or due to all payees (including to foreign parents and
affiliates), before deduction of U.S. tax withheld by the affiliate. Do not net against interest income (item 55 )............
000
2599 1
BEA USE ONLY
DISTRIBUTION OF SALES OR GROSS OPERATING REVENUES
Distribute sales or gross operating revenues among three categories — sales of goods, sales of services, and investment income.
For the purpose of this distribution, “goods” are normally outputs that are tangible and “services” are normally outputs that are intangible.
When a sale consists of both goods and services and cannot be unbundled (i.e., the goods and services are not separately billed), classify
the sales as goods or services based on whichever accounts for a majority of the value.
NOTE — Before completing this section, see the instructions 58 through 60 on page 22.
Utilities and oil & gas producers and distributors — To the extent feasible, revenues are to be allocated between sales of goods and
sales of services. Revenues earned from the sale of a product (e.g., electricity, natural gas, oil, water, etc.) are to be reported as sales of
goods. Revenues earned from the distribution or transmission of a product (e.g., fees received for the use of transmission lines, pipelines,
etc.) are to be reported as sales of services.
$ Bil.
Mil.
Thous. Dols.
2243 1
57 Total sales or gross operating revenues, excluding sales taxes —
Equals item 22 , column 2, and also sum of items 58 through 60 ......................................................................................
000
58 Sales of goods.......................................................................................................................................................................
000
2244 1
2245 1
59 Investment income included in gross operating revenues. Include ALL interest and dividends generated by
finance and insurance subsidiaries or units.............................................................................................................................
000
60 Sales of services, total — Sum of items 61 and 62 .........................................................................................................
000
61
To U.S. persons or entities .............................................................................................................................................
000
62
To foreign persons or entities.........................................................................................................................................
000
2246 1
2247 1
2257 1
FORM BE-15B (REV 10/2020)
Page 10
FORM BE-15B (REV 10/2020)
Page 11
BUREAU OF ECONOMIC ANALYSIS
U.S. DEPARTMENT OF COMMERCE
5133
5132
5131
5130
5129
5128
5127
5126
5125
5124
5123
5122
5121
5120
5119
5118
5117
5116
5115
5114
5113
5112
5111
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
6
If the affiliate has changed
since last report, please
select the reason. If it is
new, please select the
corresponding “new”
transaction type
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
__ __ / __ __
7
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
(1)
Name of each U.S. business enterprise consolidated
(as represented in item 7 on page 3)
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
(2)
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
5110
1
–
Page number
(3)
Name of U.S. business enterprise which
holds the direct ownership interest in the
U.S. affiliate listed in column 1
Primary Employer Identification Number as shown
in item 3 on page 3.
Employer Identification
Number used to file
income and payroll taxes
–
Name of U.S. affiliate as shown on page 1
BEA USE ONLY
If you need to file more lines, use the separate overflow Supplement Excel file provided in eFile.
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
If affiliate is new since
last report, please
enter the date the U.S.
business enterprise
was acquired or
established
Supplement A must be completed by a reporting affiliate that consolidates financial and operating data of any other U.S. business enterprises. The number of U.S. business enterprises listed below plus the reporting U.S. business enterprise must agree
with item 7 on page 3. Continue listing onto as many additional pages as necessary.
NOTE – If you filed a Supplement A or a computer printout of Supplement A with your 2019 BE-15 report, in lieu of
completing a new Supplement A, you may substitute a copy of that Supplement A or computer printout that
has been updated to show any additions, deletions, or other changes.
LIST OF ALL U.S. BUSINESS ENTERPRISES FULLY CONSOLIDATED INTO THE REPORTING U.S. AFFILIATE
BE-15 Supplement A (2020)
FORM
(REV. 10/2020)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
(4)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
Percent of direct voting
ownership that the entity
named in column 3 holds in
the entity named in column 1.
– Enter percent to nearest tenth.
OMB No. 0608-0034: Approval Expires 10/12/2021
FORM BE-15B (REV 10/2020)
Page 12
BUREAU OF ECONOMIC ANALYSIS
U.S. DEPARTMENT OF COMMERCE
6221
6220
6219
6218
6217
6216
6215
6214
6213
6212
6211
7
7
7
7
7
7
7
7
7
7
7
BEA
USE
ONLY
If the affiliate has
changed since last
report, please select
the reason. If it is
new, please select
the corresponding
“new” transaction
type
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
__ __ / __ __
4
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
/ __ __ __ __
If affiliate is new since
last report, please
enter the date the U.S.
business enterprise
was acquired or
established
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
3
(2)
(1)
2
Address
Provide number, street, city, state,
and ZIP Code
Name of each U.S. affiliate in which a direct
interest is held but that is not listed in
Supplement A
3
Supplement B must be completed by a reporting affiliate which files a BE-15B and has a direct ownership interest in a U.S. affiliate(s) which is (are) not fully
consolidated. The number of U.S. affiliates listed below must agree with item 8 on page 3. Continue listing onto as many additional pages as necessary.
NOTE – If you filed a Supplement B or a computer printout of Supplement B with your 2019 BE-15 report, in lieu of completing a new Supplement B you
may substitute a copy of that Supplement B or computer printout that has been updated to show any additions, deletions, or other changes.
LIST OF ALL U.S. AFFILIATES IN WHICH THE REPORTING AFFILIATE (AS CONSOLIDATED) HAS A DIRECT
OWNERSHIP INTEREST BUT WHICH ARE NOT FULLY CONSOLIDATED
BE-15 Supplement B (2020)
FORM
(REV. 10/2020)
Page
number
5
5
5
5
5
5
5
5
5
5
5
–
–
–
–
–
–
–
–
–
–
–
(3)
Employer Identification
Number used to file income
and payroll taxes
6
6
6
6
6
6
6
6
6
6
6
(4)
.
.
.
.
.
.
.
.
.
.
.
%
%
%
%
%
%
%
%
%
%
%
Percent of direct voting
ownership interest that the fully
consolidated U.S. business
enterprise named on page 1,
holds in the entity named in
column 1.
– Enter percent to nearest tenth.
Name of U.S. affiliate as shown on page 1
BEA USE
ONLY
OMB No. 0608-0034: Approval Expires 10/12/2021
Summary of Industry Classifications – For a full explanation of each code see www.bea.gov/naics2017
Agriculture, Forestry, Fishing, and Hunting
1110
1120
1130
1140
1150
Crop production
Animal production and aquaculture
Forestry and logging
Fishing, hunting, and trapping
Support activities for agriculture and forestry
Mining
2111
2121
2123
2124
2125
2126
2127
2132
2133
Oil and gas extraction
Coal
Nonmetallic minerals
Iron ores
Gold and silver ores
Copper, nickel, lead, and zinc ores
Other metal ores
Support activities for oil and gas operations
Support activities for mining, except
for oil and gas operations
Utilities
2211
2212
2213
Electric power generation,
transmission, and distribution
Natural gas distribution
Water, sewage, and other systems
Construction
2360 Construction of buildings
2370 Heavy and civil engineering construction
2380 Specialty trade contractors
Manufacturing
3111
3112
3113
3114
3115
3116
3117
3118
3119
3121
3122
3130
3140
3150
3160
3210
3221
3222
3231
3242
3243
3244
3251
3252
3253
3254
3255
3256
3259
3261
3262
3271
3272
3273
3274
3279
3311
3312
3313
3314
3315
3321
3322
3323
3324
3325
3326
3327
3328
3329
3331
3332
3333
Animal foods
Grain and oilseed milling
Sugar and confectionery products
Fruit and vegetable preserving and
specialty foods
Dairy products
Meat products
Seafood product preparation and packaging
Bakery products and tortillas
Other food products
Beverages
Tobacco
Textile mills
Textile product mills
Apparel
Leather and allied products
Wood products
Pulp, paper, and paperboard mills
Converted paper products
Printing and related support activities
Integrated petroleum refining and extraction
Petroleum refining without extraction
Asphalt and other petroleum and
coal products
Basic chemicals
Resins, synthetic rubbers, and artificial
and synthetic fibers and filaments
Pesticides, fertilizers, and other
agricultural chemicals
Pharmaceuticals and medicines
Paints, coatings, and adhesives
Soap, cleaning compounds, and
toilet preparations
Other chemical products and preparations
Plastics products
Rubber products
Clay products and refractories
Glass and glass products
Cement and concrete products
Lime and gypsum products
Other nonmetallic mineral products
Iron and steel mills
Steel products from purchased steel
Alumina and aluminum production
and processing
Nonferrous metal (except aluminum)
production and processing
Foundries
Forging and stamping
Cutlery and hand tools
Architectural and structural metals
Boilers, tanks, and shipping containers
Hardware
Spring and wire products
Machine shop products, turned products, and
screws, nuts, and bolts
Coating, engraving, heat treating,
and allied activities
Other fabricated metal products
Agriculture, construction, and mining machinery
Industrial machinery
Commercial and service industry machinery
FORM BE-15B (REV 10/2020)
3334
3335
3336
3339
3341
3342
3343
3344
3345
3346
3351
3352
3353
3359
3361
3362
3363
3364
3365
3366
3369
3370
3391
3399
Ventilation, heating, air-conditioning,
and commercial refrigeration equipment
Metalworking machinery
Engines, turbines, and power
transmission equipment
Other general purpose machinery
Computer and peripheral equipment
Communications equipment
Audio and video equipment
Semiconductors and other
electronic components
Navigational, measuring, electromedical,
and control instruments
Manufacturing and reproducing
magnetic and optical media
Electric lighting equipment
Household appliances
Electrical equipment
Other electrical equipment and components
Motor vehicles
Motor vehicle bodies and trailers
Motor vehicle parts
Aerospace products and parts
Railroad rolling stock
Ship and boat building
Other transportation equipment
Furniture and related products
Medical equipment and supplies
Other miscellaneous manufacturing
Wholesale Trade, Durable Goods
4231
4232
4233
4234
4235
4236
4237
4238
4239
Motor vehicle and motor vehicle
parts and supplies
Furniture and home furnishing
Lumber and other construction materials
Professional and commercial
equipment and supplies
Metal and mineral (except petroleum)
Household appliances and electrical and
electronic goods
Hardware, and plumbing and heating
equipment and supplies
Machinery, equipment, and supplies
Miscellaneous durable goods
Wholesale Trade, Nondurable Goods
4241
4242
4243
4244
4245
4246
4247
4248
4249
Paper and paper product
Drugs and druggists’ sundries
Apparel, piece goods, and notions
Grocery and related product
Farm product raw material
Chemical and allied products
Petroleum and petroleum products
Beer, wine, and distilled alcoholic beverage
Miscellaneous nondurable goods
Wholesale Trade, Electronic Markets
and Agents And Brokers
4251 Wholesale electronic markets and
agents and brokers
Retail Trade
4410
4420
4431
4440
4450
4461
4471
4480
4510
4520
4530
4540
Motor vehicle and parts dealers
Furniture and home furnishings
Electronics and appliance
Building material and garden equipment
and supplies dealers
Food and beverage
Health and personal care
Gasoline stations
Clothing and clothing accessories
Sporting goods, hobby, book, and music
General merchandise
Miscellaneous store retailers
Non-store retailers
Transportation and Warehousing
4810
4821
4833
4839
4840
4850
4863
4868
4870
4880
4920
4932
4939
Air transportation
Rail transportation
Petroleum tanker operations
Other water transportation
Truck transportation
Transit and ground passenger transportation
Pipeline transportation of crude oil,
refined petroleum products, and natural gas
Other pipeline transportation
Scenic and sightseeing transportation
Support activities for transportation
Couriers and messengers
Petroleum storage for hire
Other warehousing and storage
Information
5111
5112
5121
5122
Newspaper, periodical, book, and
directory publishers
Software publishers
Motion picture and video industries
Sound recording industries
Page 13
5151
5152
5173
5174
5179
5182
5191
Radio and television broadcasting
Cable and other subscription programming
Wired and wireless telecommunications carriers
Satellite telecommunications
Other telecommunications
Data processing, hosting, and related services
Other information services
Finance and Insurance
5221 Depository credit intermediation (Banking)
5223 Activities related to credit intermediation
5224 Non-depository credit intermediation, except
branches and agencies
5229 Non-depository branches and agencies
5231 Securities and commodity contracts
intermediation and brokerage
5238 Other financial investment activities and
exchanges
5242 Agencies, brokerages, and other insurance
related activities
5243 Insurance carriers, except direct life insurance
carriers
5249 Direct life insurance carriers
5252 Funds, trusts, and other finance vehicles
Real Estate and Rental and Leasing
5310
5321
5329
5331
Real estate
Automotive equipment rental and leasing
Other rental and leasing services
Lessors of nonfinancial intangible assets,
except copyrighted works
Professional, Scientific, and Technical
Services
5411
5412
5413
5414
5415
5416
5417
5418
5419
Legal services
Accounting, tax preparation, bookkeeping,
and payroll services
Architectural, engineering, and related services
Specialized design services
Computer systems design and related services
Management, scientific, and technical
consulting services
Scientific research and development services
Advertising, public relations, and related services
Other professional, scientific, and
technical services
Management of Companies and Enterprises
5512 Holding companies, except bank holding
companies
5513 Corporate, subsidiary, and regional
management offices
Administrative and Support, Waste
Management, and Remediation Services
5611
5612
5613
5614
5615
5616
5617
5619
5620
Office administrative services
Facilities support services
Employment services
Business support services
Travel arrangement and reservation services
Investigation and security services
Services to buildings and dwellings
Other support services
Waste management and remediation services
Educational Services
6110 Educational services
Health Care and Social Assistance
6210
6220
6230
6240
Ambulatory health care services
Hospitals
Nursing and residential care facilities
Social assistance services
Arts, Entertainment, and Recreation
7110
7121
7130
Performing arts, spectator sports,
and related industries
Museums, historical sites, and similar institutions
Amusement, gambling, and recreation industries
Accommodation and Food Services
7210 Accommodation
7220 Food services and drinking places
Other Services
8110
8120
8130
Repair and maintenance
Personal and laundry services
Religious, grantmaking, civic, professional,
and similar organizations
Public Administration
9200 Public administration
2020 ANNUAL SURVEY OF FOREIGN DIRECT INVESTMENT IN THE UNITED STATES
BE-15B INSTRUCTIONS
NOTE: Instructions in section IV are cross-referenced by number to the items located on pages 2 to 13.
Authority – This survey is being conducted pursuant to the International
Investment and Trade in Services Survey Act (P.L. 94-472., 90 Stat. 2059,
22 U.S.C. 3101-3108, as amended, hereinafter “the Act”), and the filing of
reports is MANDATORY pursuant to Section 5(b)(2) of the Act (22 U.S.C.
3104).
A response is required from persons (in the broad sense, including
companies) subject to the reporting requirements of the BE-15 survey.
Also, persons contacted by BEA concerning their being subject to
reporting, either by sending them a report form or by written inquiry, must
respond pursuant to section 801.3 of 15 CFR, pt. 801 and the survey
instructions. This may be accomplished by completing and submitting
Form BE-15A, BE-15B, BE-15C, or BE-15 Claim For Exemption,
whichever is applicable, by May 31, 2021.
Penalties – Whoever fails to report shall be subject to a civil penalty
and to injunctive relief commanding such person to comply, or both.
Whoever willfully fails to report shall be fined and, if an individual, may
be imprisoned for not more than one year, or both. Any officer, director,
employee, or agent of any corporation who knowingly participates
in such violations, upon conviction, may be punished by a like fine,
imprisonment or both (22 U.S.C. 3105). The civil penalties are subject to
inflationary adjustments. Those adjustments are found in 15 C.F.R. 6.3.
Foreign ownership interest – All direct and indirect lines of ownership
held by a foreign person in a given U.S. business enterprise must be
summed to determine if the enterprise is a U.S. affiliate of the foreign
person for purposes of reporting.
Indirect ownership interest in a U.S. business enterprise is the
product of the direct ownership percentage of the foreign parent in the
first U.S. business enterprise in the ownership chain multiplied by that
first enterprise’s direct ownership percentage in the second U.S. business
enterprise, multiplied by each succeeding direct ownership percentage of
each other intervening U.S. business enterprise in the ownership chain
between the foreign parent and the given U.S. business enterprise.
Example: In the diagram below, foreign person A owns 100% of the
voting stock of U.S. affiliate B; U.S. affiliate B owns 50% of the voting stock
of U.S. affiliate C; and U.S. affiliate C owns 25% of the voting stock of U.S.
affiliate D. Therefore, U.S. affiliate B is 100% directly owned by foreign
person A; U.S. affiliate C is 50% indirectly owned by foreign person A; and
U.S. affiliate D is 12.5% indirectly owned by foreign person A.
Calculation of Foreign Ownership
Foreign
U.S.
Notwithstanding any other provision of the law, no person is required
to respond to, nor shall any person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of the
Paperwork Reduction Act, unless that collection of information displays a
currently valid OMB Control Number. The control number for this survey
is at the top of page 1.
↓ 100%
U.S. affiliate B
100% directly owned
by foreign person A
↓ 50%
U.S. affiliate C
100% x 50% = 50% indirectly
owned by foreign person A
Respondent Burden – Public reporting burden for this BE-15B is
estimated to vary from 75 minutes to 9 hours per response, with an
average of 3.5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for
reducing this burden, to Director, Bureau of Economic Analysis (BE1), U.S. Department of Commerce, 4600 Silver Hill Road, Washington,
DC 20233; and to the Office of Management and Budget, Paperwork
Reduction Project 0608-0034, Washington, DC 20503.
↓ 25%
U.S. affiliate D
100% x 50% x 25% = 12.5%
indirectly owned by foreign person A
A report is required even if the foreign person’s voting interest in the U.S.
business enterprise was established or acquired during the reporting
period.
Beneficial, not record, ownership is the basis of the reporting criteria.
Voting securities, voting stock, and voting interest all have the same
general meaning and are used interchangeably throughout these
instructions and the report forms.
Confidentiality – The Act provides that your report to this Bureau
is CONFIDENTIAL and may be used only for analytical or statistical
purposes. Without your prior written permission, the information filed
in your report CANNOT be presented in a manner that allows it to be
individually identified. Your report CANNOT be used for purposes of
taxation, investigation, or regulation. Copies retained in your files are
immune from legal process. Per the Cybersecurity Enhancement Act of
2015, your data are protected from cybersecurity risks through secure
monitoring of the BEA information systems.
Airline and ship operators – U.S. stations, ticket offices, and terminal
and port facilities of foreign airlines and ship operators that provide
services ONLY to the foreign airlines’ and ship operators’ own operation
are not required to report. Reports are required when such enterprises
produce significant revenues from services provided to unaffiliated
persons.
I. REPORTING REQUIREMENTS
A. Who must report – A BE-15 report is required for each U.S. affiliate,
i.e., for each U.S. business enterprise in which a foreign person or
entity owned or controlled, directly or indirectly, 10 percent or more of
the voting securities if an incorporated U.S. business enterprise, or an
equivalent interest if an unincorporated U.S. business enterprise, at
the end of the business enterprise’s fiscal year that ended in calendar
year 2020. Certain private funds may be exempt from filing; see item
2(d) of the BE-15 Claim for exemption for more information.
FORM BE-15B (REV 10/2020)
Foreign person A
Agencies and representative offices – U.S. representative offices,
agents, and employees of a foreign person or entity that meet the criteria
outlined below are not considered to be U.S. affiliates, and therefore,
should not be reported on Forms BE-15A, BE-15B, or BE-15C. However,
a foreign person’s or entity’s disbursements to maintain U.S. sales and
representative offices must be reported on Form BE-125, Quarterly
Survey of Transactions in Selected Services and Intellectual Property
with Foreign Persons. Copies of Form BE-125 are available on BEA’s
Web site at: http://www.bea.gov/ssb
Page 14
I. REPORTING REQUIREMENTS – Continued
A U.S. presence of a foreign person or entity (or their representative(s))
is considered a U.S. sales promotion or representative office if:
1. It is engaged only in sales promotion, representational activities,
public relations activities, or the gathering of market information,
on behalf of the foreign person or entity;
2. It does not produce revenue (other than funds from the foreign
person or entity to cover its expenses); and
3. It has minimal assets held either in its own name or the name
of the foreign person or entity.
g. Did any one of the items – Total assets, Sales or gross operating
revenues, or Net income (loss) – for the U.S. affiliate (not just the
foreign parent’s share) exceed $300 million at the end of, or for, its
fiscal year that ended in calendar year 2020?
¨ Yes — File Form BE-15A by May 31, 2021.
¨ No — File Form BE-15B by May 31, 2021.
Which 2020 BE-15 Form to File?
A U.S. presence of a foreign person or entity (or their representative(s))
that produces revenue for its own account from goods or services it
provides to others is considered a U.S. affiliate and is subject to the
BE-15 reporting requirements.
1. Which form to file – Review the questions below and the flow chart on
this page to determine if your U.S. business enterprise is required to file
the BE-15 survey. Blank forms can be found at: www.bea.gov/surveys/
fdiusurv
At least 10 percent voting interest directly
and/or indirectly owned by a foreign person?
Yes
No
More than 50 percent of the voting rights owned by
another U.S. affiliate at end of the fiscal year ending in
calendar year 2020?
a. Were at least 10 percent of the voting rights in your business
enterprise directly or indirectly owned by a foreign person or entity at
the end of your fiscal year that ended in calendar year 2020?
Yes
No
Do different foreign persons hold a direct and indirect
ownership interest in the U.S. affiliate (exception c to the
consolidation rules found in instruction IV.2. on page 18)?
¨ Yes — Continue with question b.
¨ No — File Form BE-15 Claim for Exemption by May 31, 2021.
b. Were more than 50 percent of the voting rights in this U.S. business
enterprise owned by another U.S. affiliate at the end of this U.S.
business enterprise’s fiscal year that ended in calendar year 2020?
File Form BE-15
Claim for Exemption
Yes
No
This U.S. affiliate must be consolidated on the
BE-15 report of the U.S. affiliate that owns it
more than 50 percent. File Form BE-15
Claim for Exemption.
¨ Yes — Continue with question c.
¨ No — Skip to question d. NOTE: Your business is hereafter
referred to as a “U.S. affiliate.”
c. Do different foreign persons hold a direct and an indirect ownership
interest in this U.S. business enterprise (exception c to the
consolidation rules)? (The consolidation rules are found in instruction
IV.2. starting on page 17.)
Assets, sales, or net income (loss) greater than
$40 million (positive or negative)?
¨ Yes — Continue with question d. NOTE: Your business is
hereafter referred to as a “U.S. affiliate.”
Yes
¨ No – This U.S. business enterprise must be consolidated on the
BE-15 report of the U.S. affiliate that owns it more than 50 percent.
File the Form BE-15 Claim for Exemption with page 1 and item (c)
on page 3 completed by May 31, 2021.
Notify the U.S. affiliate that owns this affiliate more than 50
percent, and have them consolidate your data into their report.
File Form BE-15 Claim
for Exemption
Assets, sales, or net income (loss) greater
than $120 million (positive or negative)?
Yes
d. Did any one of the items – Total assets, Sales or gross operating
revenues, or Net income (loss) – for the U.S. affiliate (not just the
foreign parent’s share) exceed $40 million at the end of, or for, its
fiscal year that ended in calendar year 2020?
No
File Form
BE-15C
¨ Yes — Continue with question e.
¨ No – File Form BE-15 Claim for Exemption by May 31, 2021.
Majority-Owned directly and/or
indirectly by foreign parents?
e. Did any one of the items – Total assets, Sales or gross operating
revenues, or Net income (loss) – for the U.S. affiliate (not just the
foreign parent’s share) exceed $120 million at the end of, or for, its
fiscal year that ended in calendar year 2020?
¨ Yes — Continue with question f.
¨ No – File Form BE-15C by May 31, 2021.
f. Was the U.S. affiliate majority-owned by its foreign parent(s) at
the end of its fiscal year that ended in calendar year 2020? (A
U.S. affiliate is “majority-owned” if the combined direct and indirect
ownership interests of all foreign parents of the U.S. affiliate exceed
50 percent.)
¨ Yes — Continue with question g.
¨ No — File Form BE-15B by May 31, 2021.
FORM BE-15B (REV 10/2020)
No
Page 15
Yes
No
Assets, sales, or net
income (loss) greater
than $300 million
(positive or negative)?
File Form
BE-15B
Yes
File Form
BE-15A
No
File Form
BE-15B
NOTE: Certain private funds may be exempt from filing.
See www.bea.gov/surveys/privatefunds for more information.
I. REPORTING REQUIREMENTS – Continued
Example A
2. Who must file Form BE-15B – 2020 Annual Survey of Foreign
Direct Investment in the United States?
Foreign parent
bank A
Foreign
U.S.
A Form BE-15B must be completed and filed by May 31, 2021, by each
U.S. business enterprise that was a U.S. affiliate of a foreign person at
the end of its fiscal year that ended in calendar year 2020, if:
Miami
branch
Los Angeles
branch
a. On a fully consolidated, or, in the case of real estate
investments, an aggregated basis, any one of the following
three items – Total assets (do not net out liabilities), or Sales or
gross operating revenues, excluding sales taxes, or Net income
after provision for U.S. income taxes – for the U.S. affiliate (not
just the foreign parent’s share) exceeded $120 million (positive
or negative) at the end of, or for, its fiscal year that ended in
calendar year 2020, and EITHER b. OR c. below is applicable.
Data for all three branches (Miami, Los Angeles, and New York
City) owned by Foreign parent bank A may be aggregated on
a single BE-15. If aggregated, list all three branches on the
Supplement A. Report “3” as the number of U.S. branches
aggregated for item 7 on page 3.
Example B
b. The ownership or control (both direct and indirect) by all
foreign parents in the voting securities of an incorporated
U.S. business enterprise (or an equivalent interest of an
unincorporated U.S. business enterprise) at the end of the fiscal
year that ended in calendar year 2020, was 50 percent or
less (i.e., the voting securities, or equivalent interest were not
majority-owned by foreign parents), or
Foreign
U.S.
Foreign parent
U.S. bank B
Branch 1
c. The ownership or control (both direct and indirect) by all foreign
parents in the voting securities of an incorporated U.S. business
enterprise (or an equivalent interest of an unincorporated
U.S. business enterprise) at the end of the fiscal year that
ended in calendar year 2020, exceeded 50 percent (i.e., the
voting securities or equivalent interest were majority-owned by
foreign parents), and on a fully consolidated, or, in the case of
real estate investments, on an aggregated basis, none of the
following three items – Total assets (do not net out liabilities),
or Sales or gross operating revenues, excluding sales taxes,
or Net income after provision for U.S. income taxes – for the
U.S. affiliate (not just the foreign parent’s share) exceeded $300
million (positive or negative) at the end of, or for, its fiscal year
that ended in calendar year 2020.
Branch 3
Branch 2
Consolidate data for each branch (branch 1, branch 2, and
branch 3) and U.S. bank B on a single BE-15. DO NOT list
them on the Supplement A. Report “1” as number of U.S.
affiliates consolidated for item 7 on page 3.
II. DEFINITIONS
A. United States, when used in a geographic sense, means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, and all territories and possessions of the United States.
B. Foreign, when used in a geographic sense, means that which
is situated outside the United States or which belongs to or is
characteristic of a country other than the United States.
B. Aggregation of real estate investments – Aggregate all real estate
investments in the United States of a foreign person for the purpose
of applying the reporting criteria. Use a single report form to report
the aggregate holdings, unless BEA has granted permission to do
otherwise. Those holdings not aggregated must be reported separately.
Real estate is discussed more fully in instruction V.C. on page 23.
C. Person, means any individual, branch, partnership, association,
associated group, estate, trust, corporation, or other organization
(whether or not organized under the laws of any state), and any
government (including a foreign government, the U.S. Government,
a state or local government, and any agency, corporation, financial
institution, or other entity or instrumentality thereof, including a
government-sponsored agency).
C. Aggregated reporting for banks – All U.S. branches and agencies
(including International Banking Facilities) directly owned by a foreign
bank may be aggregated on a single BE-15.
U.S. branches and agencies, directly owned by the foreign parent, that
are aggregated on this report should be counted separately and listed
separately on the Supplement A to this form. See Example A in the next
column.
U.S. branches and agencies, owned by a U.S. bank affiliate, should be
consolidated on this report but not counted separately and not listed
separately on the Supplement A to this form. See Example B in the next
column.
Note that subsequent filings of Form BE-15 annual reports and Form
BE-605 quarterly reports with BEA, if required, must be on the same
aggregated basis. If all U.S. branches and agencies directly owned by a
foreign bank are not aggregated on a single report, then each branch or
agency must file a separate BE-15.
FORM BE-15B (REV 10/2020)
New York City
branch
Page 16
D. Associated group means two or more persons who, by the
appearance of their actions, by agreement, or by an understanding,
exercise their voting privileges in a concerted manner to influence
the management of a business enterprise. The following are deemed
to be associated groups:
1. Members of the same family.
2. A business enterprise and one or more of its officers or directors.
3. Members of a syndicate or joint venture.
4. A corporation and its domestic subsidiaries.
E. Foreign person means any person resident outside the United
States or subject to the jurisdiction of a country other than the
United States.
F. Direct investment means the ownership or control, directly
or indirectly, by one person of 10 percent or more of the voting
securities of an incorporated business enterprise or an equivalent
interest in an unincorporated business enterprise.
II. DEFINITIONS – Continued
III. GENERAL INSTRUCTIONS
G. Foreign direct investment in the United States means the
A. Changes in the reporting entity – DO NOT restate close fiscal year
2019 balances for changes in the consolidated reporting entity that
occurred during fiscal year 2020. The close fiscal year 2019 balances
should represent the reporting entity as it existed at the close of fiscal
year 2019.
ownership or control, directly or indirectly, by one foreign person of
10 percent or more of the voting securities of an incorporated U.S.
business enterprise or an equivalent interest in an unincorporated
U.S. business enterprise, including a branch.
H. Business enterprise means any organization, association, branch, or
venture that exists for profit-making purposes or to otherwise secure
economic advantage, and any ownership of any real estate.
I. Branch means the operations or activities conducted by a person in a
different location in its own name rather than through an incorporated
entity.
J. Affiliate means a business enterprise located in one country that
is directly or indirectly owned or controlled by a person of another
country to the extent of 10 percent or more of its voting securities for
an incorporated business enterprise or an equivalent interest for an
unincorporated business enterprise, including a branch.
B. Required information not available – Make all reasonable efforts
to obtain the information required for reporting. Answer every
item except where specifically exempt. Indicate when only partial
information is available.
C. Estimates – If actual figures are not available, provide estimates
and label them as such. When items cannot be fully subdivided as
required, provide totals and an estimated breakdown of the totals.
Certain sections of the Form BE-15B require data that may not
normally be maintained in a company’s customary accounting
records. Precise answers for these items may present the respondent
with a substantial burden beyond what is intended by BEA. This
may be especially true for items 28 and 29, U.S. trade in goods by
U.S. affiliate on a shipped basis; items 34 through 50, employment
and property, plant, and equipment data disaggregated by State;
and items 58 through 62, distribution of sales or gross operating
revenues by whether the sales were goods, investment income, or
services, and the distribution of services by transactor. Therefore, the
answers in these sections may be reasonable estimates based upon
the informed judgment of persons in the responding organization,
sampling techniques, prorations based on related data, etc. However,
the estimating procedures used should be consistently applied on all
BEA surveys.
K. U.S. affiliate means an affiliate located in the United States in which
a foreign person has a direct investment.
1. Majority-owned U.S. affiliate means a U.S. affiliate in which the
combined direct and indirect voting interest of all foreign parents of
the U.S. affiliate exceeds 50 percent.
2. Minority-owned U.S. affiliate means a U.S. affiliate in which the
combined direct and indirect voting interest of all foreign parents of
the U.S. affiliate is 50 percent or less.
L. Foreign parent is a foreign person that directly or indirectly holds a
voting interest of 10 percent or more in the U.S. affiliate. It is the first
person outside the United States in a foreign chain of ownership, which
has direct investment in a U.S. business enterprise, including a branch.
M. U.S. corporation means a business enterprise incorporated in the
United States.
D. Space on form insufficient – When space on a form is insufficient
to permit a full answer to any item, provide the required information
on supplementary sheets, appropriately labeled and referenced to the
item number on the form.
IV. INSTRUCTIONS FOR SPECIFIC
SECTIONS OF THE REPORT FORM
N. Intermediary means any agent, nominee, manager, custodian, trust,
or any person acting in a similar capacity.
O. Ultimate beneficial owner (UBO) is the person or entity, proceeding
up the ownership chain beginning with and including the foreign parent,
in which no other entity has more than 50 percent direct voting interest.
Note: Stockholders of a closely or privately held corporation are
normally considered to be an associated group and may be a UBO.
NOTE: Instructions in section IV are cross-referenced by number to the
items located on pages 2 to 13.
2 Consolidation rules
P. Banking covers business enterprises engaged in deposit banking
or closely related functions, including commercial banks, Edge Act
corporations engaged in international or foreign banking, foreign
branches and agencies of U.S. banks whether or not they accept
deposits abroad, U.S. branches and agencies of foreign banks
whether or not they accept domestic deposits, savings and loans,
savings banks, bank holding companies, and financial holding
companies under the Gramm-Leach-Bliley Act.
A foreign person holding real estate investments that are reportable
on the BE-15 must aggregate all such holdings. See Instruction I.B.
on page 16 and V.C. on page 23 for details.
Q. Lease is an arrangement conveying the right to use property, plant, or
equipment (i.e., land and/or depreciable assets), usually for a stated
period of time.
1. Finance lease – A long-term lease under which a sale of the
asset is recognized at the inception of the lease. These may be
shown as lease contracts or accounts receivable on the lessor’s
books. The asset would not be considered as owned by the lessor.
2. Operating lease – Generally, a lease with a term which is less
than the useful life of the asset and a transfer of ownership is not
contemplated.
R. Private Fund refers to the same class of financial entities defined by
the Securities and Exchange Commission as private funds on Form
PF: “any issuer that would be an investment company as defined in
section 3 of the Investment Company Act of 1940 but for section 3(c)
(1) or 3(c)(7) of ...[that] Act.”
FORM BE-15B (REV 10/2020)
Consolidated reporting by the U.S. affiliate – A U.S. affiliate must
file on a fully consolidated domestic U.S. basis, including the full
consolidation of all U.S. business enterprises proceeding down each
ownership chain whose voting securities are more than 50 percent
owned by the U.S. business enterprise above. The fully consolidated
entity is considered one U.S. affiliate.
Page 17
Do not prepare your BE-15 report using the proportionate
consolidation method. Except as noted in 2b. and 2c. on page 18,
consolidate all majority-owned U.S. business enterprises into your
BE-15 report.
Unless the exceptions discussed below apply, any deviation
from these consolidation rules must be approved in writing by
BEA. If you file deconsolidated reports, you must file the same type
of reports that would have been required if a consolidated report was
filed.
Report majority-owned subsidiaries, if not consolidated, on the
BE-15B using the equity method of accounting. DO NOT eliminate
intercompany accounts (e.g., receivables or liabilities) for affiliates not
consolidated.
IV. INSTRUCTIONS FOR SPECIFIC SECTIONS
OF THE REPORT FORM – Continued
Special circumstances:
a. U.S. affiliates without a financial reporting year – If a U.S.
affiliate does not have a financial reporting year, its fiscal year is
deemed to be the same as calendar year 2020.
Exceptions to consolidated reporting – Note: If a U.S. business
enterprise is not consolidated into another U.S. affiliate’s BE-15 report,
then it must be listed on the Supplement B of another U.S. affiliate’s BE15 report, and each U.S. affiliate not consolidated must file its own Form
BE-15.
b. Change in fiscal year
(1) New fiscal year ends in calendar year 2020 – A U.S. affiliate
that changed the ending date of its financial reporting year
should file a 2020 BE-15 report that covers the 12-month
period prior to the new fiscal year end date. The following
example illustrates the reporting requirements.
a. Do not consolidate foreign subsidiaries, branches, operations, or
investments no matter what the percentage ownership.
Include foreign holdings owned 20 percent or more using the equity
method of accounting. DO NOT report employment, land, and other
property, plant, and equipment and DO NOT eliminate intercompany
accounts (e.g., receivables or liabilities) for holdings reported using
the equity method.
Example 1: U.S. affiliate A had a June 30, 2019 fiscal year
end date but changed its 2020 fiscal year end date to March
31. Affiliate A should file a 2020 BE-15 report covering the
12-month period from April 1, 2019 to March 31, 2020.
(2) No fiscal year ending in calendar year 2020 – If a change in
fiscal year results in a U.S. affiliate not having a fiscal year that
ended in calendar year 2020, the affiliate should file a 2020
BE-15 report that covers 12 months. The following example
illustrates the reporting requirements.
DO NOT list any foreign holdings of the U.S. affiliate on the
Supplement B.
Oil and gas sites owned by U.S. affiliates and located outside of U.S.
claimed territorial waters are to be treated as foreign subsidiaries of
the U.S. affiliates if they meet one of the following criteria: (1) they are
incorporated in a foreign country; (2) they are set up as a branch; or
(3) they have a physical presence in a foreign country as evidenced by
property, plant and equipment or employees located in that country.
Example 2: U.S. affiliate B had a December 31, 2019 fiscal year
end date but changed its next fiscal year end date to March 31.
Instead of having a short fiscal year ending in 2020, affiliate B
decides to have a 15-month fiscal year running from January
1, 2020 to March 31, 2021. Affiliate B should file a 2020 BE-15
report covering a 12-month period ending in calendar year
2020, such as the period from April 1, 2019, to March 31, 2020.
Real estate located outside the United States that is owned by the U.S.
affiliate and generates revenues for, or reimbursements to, the U.S.
affiliate, or that facilitates the foreign operations of the U.S. affiliate is a
foreign subsidiary and should not be consolidated on this BE-15 report.
b. Special consolidation rules apply to U.S. affiliates that are limited
partnerships or that have an ownership interest in a U.S. limited
partnership. These rules can be found on BEA’s Web site at:
www.bea.gov/help/faq/1011. Also see instruction 6.b. on page 19 for
additional information about partnerships.
For 2021 affiliate B should file a BE-15 report covering the
12-month period from April 1, 2020 to March 31, 2021.
5 Reporting for a U.S. business that became a U.S. affiliate during
fiscal year 2020 —
a. A U.S. business enterprise that was newly established in fiscal
year 2020 should file a report for the period starting with the
establishment date up to and ending on the last day of its fiscal year
that ended in calendar year 2020. DO NOT estimate amounts for a
full year of operations if the first fiscal year is less than 12 months.
c. A U.S. affiliate in which a direct ownership interest and an indirect
ownership interest are held by different foreign persons should not
be fully consolidated into another U.S. affiliate, but must complete and
file its own Form BE-15 report. (See diagram below.)
Foreign person B
Foreign person A
b. A U.S. business enterprise existing before fiscal year 2020 that
became a U.S. affiliate in fiscal year 2020 should file a report
covering a full 12 months of operations.
6 Reporting by unincorporated U.S. affiliates
Foreign
a. Directly owned vs. indirectly owned
100%
U.S.
30%
U.S. affiliate X
(1) Directly owned – Each unincorporated U.S. affiliate, including
a branch, that is directly owned 10 percent or more by a foreign
person should file a separate BE-15 report. Do not combine
two or more directly owned U.S. affiliates on a single BE-15
report. The only exceptions are for U.S. affiliates that are real
estate investments or banks. See Instruction I.B. on page 16
and Instruction V.C. on page 23 for details on real estate. See
Instruction I.C. on page 16 for details on banks.
60%
U.S. affiliate Y
U.S. affiliate Y should not be fully consolidated into U.S. affiliate X
because of the 30 percent direct ownership by foreign person B.
If this exception applies, reflect the indirect ownership interest, even
if more than 50 percent, on the balance sheet and income statement
of the owning U.S. affiliate’s BE-15 report on an equity basis. For
example, using the situation shown in the diagram above, U.S. affiliate
X must treat its 60 percent ownership interest in U.S. affiliate Y as an
equity investment. DO NOT eliminate intercompany accounts (e.g.,
receivables or liabilities) for affiliates not consolidated.
4 Reporting period – The report covers the U.S. affiliate’s 2020 fiscal
year. The affiliate’s 2020 fiscal year is defined as the affiliate’s financial
reporting year that had an ending date in calendar year 2020.
FORM BE-15B (REV 10/2020)
Page 18
(2) Indirectly owned – Except as noted in the exceptions to the
consolidation rules above, an indirectly owned unincorporated
U.S. business enterprise that is owned more than 50 percent
(voting interest) by another U.S. affiliate should be fully
consolidated on the report with the U.S. affiliate that holds the
voting interest greater than 50 percent. An indirectly owned
unincorporated U.S. business enterprise owned 50 percent
(voting interest) or less by another U.S. affiliate should file a
separate BE-15 report if no other U.S. affiliate owns a voting
interest of more than 50 percent.
IV. INSTRUCTIONS FOR SPECIFIC SECTIONS
OF THE REPORT FORM – Continued
the contrary is contained in the partnership agreement,
limited partners are presumed to have zero voting interest
in a limited partnership. If a limited partnership has one
or more limited partners who are foreign persons, the
foreign limited partners are presumed to have no voting
interest, and, therefore, no direct investment in the limited
partnership.
b. Partnerships – Most partnerships are either general partnerships
or limited partnerships. A general partnership usually consists of at
least two general partners who together control the partnership. A
limited partnership usually consists of at least one general partner
and one limited partner. The general partner usually controls a
limited partnership. The limited partner has a financial interest
but does not usually have any voting rights (control) in a limited
partnership.
Partners without voting rights (control) cannot have direct
investment in a partnership. Therefore, limited partners do not
usually have direct investment. The existence of direct investment
in a partnership is determined by the percentage of control
exercised by the partner(s). The percentage of control exercised by
a partner may differ from its financial interest in the partnership.
Managing partners – See discussion under “General
Partnerships” to the left.
(b) Consolidation Rules
Special consolidation rules apply to U.S. affiliates
that are limited partnerships or that have an
ownership interest in a U.S. limited partnership.
These rules can be found on BEA’s Web site at:
https://www.bea.gov/help/faq/1011
c. Limited Liability Companies (LLCs)
(1) General partnerships
Determination of voting interest – “Voting interest” is defined in
instructions for items 9-13. The determination of the percentage
of voting interest in an LLC is based on who controls the LLC. The
percentage of voting interest is not based on the percentage of
ownership in the LLC’s equity. LLCs are presumed to be controlled
equally by each of its members (owners), unless a clause to the
contrary is contained in the articles of organization or the operating
agreement. For example, if an LLC has two members, and nothing
to the contrary is contained in the articles of organization or the
operating agreement, then each member is presumed to have a 50
percent voting interest in the LLC; if there are three members, then
each member is presumed to have a one-third voting interest in the
LLC.
Determination of voting interest – “Voting interest” is defined
in instructions 9-13 beginning on this page. The determination
of the percentage of voting interest of a general partner is
based on who controls the partnership. The percentage of
voting interest is not based on the percentage of ownership in
the partnership’s equity. The general partners are presumed
to control a general partnership. Unless a clause to the
contrary is contained in the partnership agreement, a general
partnership is presumed to be controlled equally by each of
the general partners. For example, if a partnership has two
general partners, and nothing to the contrary is stated in the
partnership agreement, each general partner is presumed to
have a 50 percent voting interest. If there are three general
partners, each general partner is presumed to have a onethird voting interest, etc.
Managing partners – If one general partner is designated
as the managing partner, responsible for the day-to-day
operations of the partnership, this does not necessarily
transfer control of the partnership to the managing partner.
If the managing partner must obtain approval for annual
operating budgets and for decisions relating to significant
management issues from the other general partners, then the
managing partner does not have a 100 percent voting interest
in the partnership.
(2) Limited partnerships
(a) Determination of voting interest – “Voting interest”
is defined in instructions 9-13 beginning on this page.
The determination of the percentage of voting interest
in a limited partnership is based on who controls the
partnership. The percentage of voting interest is not
based on the percentage of ownership in the partnership’s
equity. In most cases, the general partner is presumed
to control a limited partnership, and therefore, have a
100 percent voting interest in the limited partnership. If
there is more than one general partner, the partnership is
presumed to be controlled equally by each of the general
partners, unless a clause to the contrary is contained
in the partnership agreement. For example, if a limited
partnership has two general partners, and nothing to the
contrary is stated in the partnership agreement, then each
general partner is presumed to have a 50 percent voting
interest in the limited partnership.
Limited partners do not normally exercise any control
over a limited partnership. Therefore unless a clause to
FORM BE-15B (REV 10/2020)
Managing member – If one member is designated as the managing
member responsible for the day-to-day operations of the LLC, this
does not necessarily transfer control of the LLC to the managing
member. If the managing member must obtain approval for annual
operating budgets and decisions relating to other significant
management issues from the other members, then the managing
member does not have a 100 percent voting interest in the LLC.
8 U.S. affiliates NOT consolidated – Report investments in U.S.
business enterprises that are not fully consolidated and that are
owned 20 percent or more using the equity method of accounting.
DO NOT report employment, land, and other property, plant, and
equipment and DO NOT eliminate intercompany accounts (e.g.,
receivables or liabilities) for holdings reported using the equity
method.
You may report immaterial investments using the cost method of
accounting if this treatment is consistent with your normal reporting
practice. Report investments owned less than 20 percent in
accordance with FASB ASC 320 (formerly FAS 115) or the cost basis
of accounting.
List all U.S. affiliates in which this U.S. affiliate has a voting interest of
at least 10 percent and that are not consolidated in this Form BE-15B
on the Supplement B.
9 – 13 Ownership — Voting interest and equity interest
a. Voting interest is the percent of ownership in the voting equity of the
U.S. affiliate. Voting equity consists of ownership interests that have
a say in the management of the company. Examples of voting equity
include capital stock that has voting rights and a general partner’s
interest in a partnership. See instruction 6.b.(1) and 6.b.(2)(a) for
information about determining the voting interest for partnerships. See
instruction 6c. for information about determining the voting interest for
Limited Liability Companies.
Page 19
IV. INSTRUCTIONS FOR SPECIFIC SECTIONS
OF THE REPORT FORM – Continued
Wages and salaries include in-kind payments, valued at their cost,
that are clearly and primarily of benefit to the employees as
consumers. Exclude expenditures that benefit employers as well
as employees, such as expenditures for plant facilities, employee
training programs, and reimbursement for business expenses.
b. Equity interest is the percent of ownership in the total equity (voting
and nonvoting) of the U.S. affiliate. Nonvoting equity consists of
ownership interests that do not have a say in the management of the
company. An example of nonvoting equity is preferred stock that has
no voting rights.
Employee benefit plans are employer expenditures for all employee
benefit plans, including those required by government statute, those
resulting from a collective bargaining contract, or those that are
voluntary. Employee benefit plans include Social Security and other
retirement plans, life and disability insurance, guaranteed sick pay
programs, workers’ compensation insurance, medical insurance,
family allowances, unemployment insurance, severance pay funds,
etc. If plans are financed jointly by the employer and the employee,
include only the contributions of the employer.
Voting interest and equity interest are not always equal.
For example, an owner can have a 100 percent voting interest in a
U.S. affiliate but own less than 100 percent of the affiliate’s total equity.
This situation is illustrated in the following example.
Example: U.S. affiliate A has two classes of stock, common and
preferred. There are 50 shares of common stock outstanding. Each
common share is entitled to one vote and has an ownership interest
in 1 percent of the total owners’ equity amount. There are 50 shares of
preferred stock outstanding. Each preferred share has an ownership
interest in 1 percent of the total owners’ equity amount but has no
voting rights. Foreign parent B owns all 50 shares of the common
stock. U.S. investors own all 50 shares of the preferred stock. Since
foreign parent B owns all of the voting stock, foreign parent B has a
100 percent voting interest in U.S. affiliate A. However, since all 50
shares of the nonvoting preferred shares are owned by U.S. investors,
foreign parent B has only a 50 percent equity interest in the owners’
equity amount of U.S. affiliate A.
17 – 22 Industry classification and total sales of fully consolidated
U.S. affiliate
25 Research and development (R&D) performed BY the
U.S. affiliate – Research and development (R&D) comprise
creative and systematic work undertaken in order to increase the
stock of knowledge and to devise new applications of available
knowledge. This includes a) activities aimed at acquiring new
knowledge or understanding without specific immediate commercial
applications or uses (basic research); b) activities aimed at solving a
specific problem or meeting a specific commercial objective (applied
research); and c) systematic work, drawing on research and practical
experience and resulting in additional knowledge, which is directed
to producing new products or processes or to improving existing
products or processes (development). R&D includes both direct
costs such as salaries of researchers as well as administrative and
overhead costs clearly associated with the company’s R&D.
Book publishers and printers – Printing books without publishing is
classified in International Surveys Industry (ISI) code 3231 (printing and
related support activities) not ISI code 5111 (newspaper, periodical,
book, and directory publishers).
The term R&D does NOT include expenditures for:
• Costs for routine product testing, quality control, and technical
services unless they are an integral part of an R&D project
• Market research
Real estate investment trusts (REITS) – Report hybrid or mortgage
REITS in ISI code 5252 (funds, trusts, and other finance vehicles).
Report all other REITS in ISI code 5310 (real estate).
• Efficiency surveys or management studies
• Literary, artistic, or historical projects, such as films, music, or
books and other publications
Repos and reverse repos – To report sales by industry (items 17–22),
interest income and interest expense associated with repos and reverse
repos should be offset against one another and reported at the net
amount. On the balance sheet, reverse repos should be reported as
assets and included on item 30 (total assets) while repos should be
reported as liabilities and included on item 31 (total liabilities).
• Prospecting or exploration for natural resources
Basic research is the pursuit of new scientific knowledge or
understanding that does not have specific immediate commercial
objectives, although it may be in fields of present or potential
commercial interest.
If you are required to complete page 10, then in item 59 (investment
income included in gross operating revenues) interest income and
interest expense associated with repos and reverse repos should be
offset against one another and reported at the net amount. However, in
items 55 (interest income from all sources) and 56 (interest expense plus
interest capitalized) interest income and interest expense associated with
repos and reverse repos should be reported at the gross amounts.
24 Employee compensation – Base employee compensation on
payroll records related to activities during the reporting period.
Employee compensation includes wages and salaries and
employee benefit plans.
Wages and salaries are the gross earnings of all employees before
deduction of employees’ payroll withholding taxes, social insurance
contributions, group insurance premiums, union dues, etc. Include
time and piece rate payments, cost of living adjustments, overtime
pay and shift differentials, bonuses, profit sharing amounts, and
commissions. Exclude commissions paid to persons who are not
employees.
Wages and salaries include direct payments by employers for
vacations, sick leave, severance (redundancy) pay, etc. Include
employer contributions to benefit funds. Exclude payments made by,
or on behalf of, benefit funds rather than by the employer.
FORM BE-15B (REV 10/2020)
Page 20
Applied research applies the findings of basic research or other
existing knowledge toward discovering new scientific knowledge that
has specific commercial objectives with respect to new products,
services, processes, or methods.
Development is the systematic use of the knowledge or
understanding gained from research or practical experience
directed toward the production or significant improvement of useful
products, services, processes, or methods, including the design and
development of prototypes, materials, devices, and systems.
R&D includes the activities described above whether assigned to
separate R&D organizational units of the company or carried out by
company laboratories and technical groups not a part of an R&D
organization.
INCLUDE all costs incurred to support R&D performed by the
affiliate. INCLUDE wages, salaries, and related costs; materials
and supplies consumed; depreciation on R&D property and
equipment; cost of computer software used in R&D activities;
utilities, such as telephone, electricity, water, and gas; travel costs
and professional dues; property taxes and other taxes (except
income taxes) incurred on account of the R&D organization or the
facilities they use; insurance expenses; maintenance and repair,
including maintenance of buildings and grounds; company overhead
including: personnel, accounting, procurement and inventory, and
salaries of research executives not on the payroll of the R&D
IV. INSTRUCTIONS FOR SPECIFIC SECTIONS
OF THE REPORT FORM – Continued
Timing – Only include goods actually shipped during FY 2020 regardless
of when the goods were charged or consigned.
organization. EXCLUDE capital expenditures, expenditures for tests
and evaluations once a prototype becomes a production model,
patent expenses, and income taxes and interest.
Does R&D include development of software and
Internet applications?
Research and development activity in software and Internet
applications refers only to activities with an element of uncertainty
and that are intended to close knowledge gaps and meet scientific
and technological needs.
In-transit goods – Exclude the value of any goods that are in-transit.
In-transit goods are goods that are en route from one foreign country to
another via the United States (such as from Canada to Mexico via the
United States), and goods en route from one part of the United States to
another part via a foreign country (such as from Alaska to Washington
State via Canada).
R&D activity in software INCLUDES:
• Software development or improvement activities that expand
scientific or technological knowledge
Capital goods – Include capital goods (e.g., manufacturing equipment
used to produce goods for sale) but exclude the value of ships, planes,
railroad rolling stock, and trucks that were temporarily outside the United
States transporting people or merchandise.
• Construction of new theories and algorithms in the field of
computer science
R&D activity in software EXCLUDES:
• Software development that does not depend on a scientific or
technological advance, such as
• supporting or adapting existing systems
• adding functionality to existing application programs, and
• routine debugging of existing systems and software
• Creation of new software based on known methods and
applications
• Conversion or translation of existing software and software
languages
• Adaptation of a product to a specific client, unless knowledge
that significantly improved the base program was added in that
process
28 – 29 U.S. trade in goods by U.S. affiliate on a shipped basis
U.S. trade in goods is the physical movements of goods between the
customs area of the United States and the customs area of a foreign
country. Goods shipped by, or to, the U.S. affiliate whether or not they
were actually charged or consigned by, or to, the U.S. affiliate, are
considered to be trade of the U.S. affiliate.
NOTE: Goods shipped by an independent carrier or a freight forwarder to
or from the United States at the expense of a U.S. affiliate are imports or
exports of the U.S. affiliate.
Report U.S. trade in goods on a “shipped” basis rather than a
“charged” basis. The shipped basis looks at the physical movement of
goods.
Consigned goods – Include consigned goods in the trade figures when
shipped or received, even though they are not normally recorded as
sales or purchases, or entered into intercompany accounts when initially
consigned.
Electricity, water, and natural gas – Report ONLY the product value
(electricity, water, and natural gas). DO NOT report the service value
(transmission and distribution).
Packaged general use computer software – INCLUDE exports and
imports of packaged general use computer software at full transaction
value, i.e., including both the value of the media on which the software
is recorded and the value of the information contained on the media.
EXCLUDE receipts or payments for customized software designed to
meet the needs of a specific user. This type of software is considered
a service and should not be reported as trade in goods. EXCLUDE
receipts and payments for software that is transmitted electronically
rather than physically shipped. Also, EXCLUDE negotiated licensing fees
for software to use on networks.
33 – 50 Employment by location – Include all full-time and
part-time employees on the payroll at the end of FY 2020. If
employment at the end of FY 2020, or the count taken at some
other time during FY 2020, was unusually high or low because
of temporary factors (e.g., a strike), give the number of employees that reflects normal operations. If the business enterprise’s
activity involves large seasonal variations, give the average
number of employees for FY 2020. If precise figures are not
available, give your best estimate.
Location of employees is the U.S. state, territory, or possession in
which the person is permanently employed.
However, U.S. affiliates normally keep their accounting records on a
“charged basis.” The “charged” basis may be used if there is no material
difference between it and the “shipped” basis. However, if there is a
material difference, the “shipped” basis must be used or adjustments
must be made to the “charged” basis data to approximate a “shipped”
basis. To adjust “charged” basis data to a “shipped” basis it may be
necessary to look at export and import declarations filed with U.S.
customs or shipping and receiving documents to determine the physical
movement of goods.
Differences between the “charged” and “shipped” basis may be
substantial. A major difference arises when a U.S. affiliate buys goods in
foreign country A and sells them in foreign country B. Because the goods
did not physically enter or leave the United States, they are not U.S. trade.
However, when the U.S. affiliate records the transactions on its books, it
would show a purchase charged to it from country A and a sale charged
by it to country B. If the U.S. affiliate’s trade data in this survey were
prepared on the “charged” basis, the purchase and sale would appear
incorrectly as a U.S. import and U.S. export, respectively.
FORM BE-15B (REV 10/2020)
Valuation of exports and imports – Value goods f.a.s. (free alongside
ship) at the port of exit. INCLUDE all costs incurred up to the point of
loading the goods aboard the export carrier at the port of exit, including
the selling price at the interior point of shipment (or cost if not sold),
packaging costs, and inland freight and insurance. EXCLUDE all
subsequent costs such as loading costs, U.S. and foreign import duties,
and freight and insurance from the port of export to the port of entry.
Foreign – Except as noted below, exclude employees located outside
of the United States from items 33–50.
a. Employees normally located in the United States who are
on a temporary duty assignment outside of the country
for one year or less should be reported in the U.S. state
where they are normally located.
b. Employees normally located in the United States who are on a
duty assignment outside of the country for more than one year
and carried on the payroll of the domestic U.S. affiliate should
be reported in item 49. Exclude these employees from the BE15 report if they are carried on a foreign payroll.
53 Certain gains (losses) – Note: Read the following
instructions carefully as they are based on economic
accounting concepts and, in some cases, may deviate from
accounting principles.
Page 21
Report at gross amount before income tax effect.
Report gains (losses) resulting from:
IV. INSTRUCTIONS FOR SPECIFIC SECTIONS
OF THE REPORT FORM – Continued
books you sell, then report your sales as sales of goods or
services based on a best estimate of the value in each.
• Energy trading activities where you take title to the goods.
NOTE: If you act in the capacity of a broker or agent to
facilitate the sale of goods and you do not take title to the
goods, report your revenue (i.e., commissions) as sales of
services in item 60.
a. Extraordinary, unusual, or infrequently occurring items
that are material. Include losses from accidental damage or
disasters, after estimated insurance reimbursement. Include
other material items, including writeups, writedowns, and
writeoffs of tangible and intangible assets; and gains (losses)
from the sale or other disposition of capital assets. Exclude
legal judgments;
• Magazines and periodicals sold in retail stores. NOTE: Report
subscription sales as sales of services in item 60.
b. Restructuring. Include restructuring costs that reflect write
downs or writeoffs of assets or liabilities. EXCLUDE actual
payments or charges to establish reserves for future actual
payments, such as for severance pay, and fees to accountants,
lawyers, consultants, or other contractors;
• Packaged general use computer software.
c. Sale or disposition of land, other property, plant and
equipment, or other assets, and FASB ASC 360 (formerly
FAS 144) impairment losses. EXCLUDE gains (losses)
from the sale of inventory assets in the ordinary course of
trade or business. Real estate companies, see special
instructions;
• Electricity, natural gas, and water. NOTE: Revenues derived
from transmitting and/or distributing these goods, as opposed to
revenues derived from the sale of the actual product, should, to
the extent feasible, be reported as sales of services in item 60.
d. Sales or other dispositions of financial assets, including
investment securities; gains (losses) related to fair value
accounting; FASB ASC 320 (formerly FAS 115) holding gains
(losses) on securities classified as trading securities; FASB
ASC 320 impairment losses; and gains and losses derived
from derivative instruments;
• Structures sold by businesses in real estate.
• Revenues earned from building structures by businesses in
construction.
59 Investment income – Report dividends and interest
generated by finance and insurance subsidiaries or units
as investment income. NOTE: Report commissions and
fees as sales of services in item 60.
60 Sales of services – Services are outputs that are
intangible. Report as sales of services:
• Advertising revenue.
• Commissions and fees earned by companies engaged in
finance and real estate activities.
e. Goodwill impairment as defined by FASB ASC 350
(formerly FAS 142);
• Commissions earned by agents or brokers (i.e., wholesalers)
who act on behalf of buyers and sellers in the wholesale
distribution of goods.
f. DISPOSALS of discontinued operations. EXCLUDE
income (loss) from the operations of a discontinued
segment. Report such income (loss) as part of your income
from operations in items 17 through 22;
• Magazines and periodicals sold through subscriptions. NOTE:
Report magazines and periodicals sold through retail stores as
sales of goods in item 58.
g. Remeasurement of the U.S. affiliate’s foreign–currency–
denominated assets and liabilities due to changes in
foreign exchange rates during the reporting period;
• Newspapers.
• Pipeline transportation.
• Software downloaded from the Internet, electronic mail,
an extranet, electronic data interchange network, or some
other online system.
h. The cumulative effect of a change in accounting principle;
and
• Computer systems design and related services.
i. The cumulative effect of a change in the estimate of stock
compensation forfeitures under FASB ASC 718 (formerly
FAS 123(R)).
• Negotiated licensing fees for software to be used on networks.
• Electricity transmission and distribution, natural gas distribution,
and water distribution.
Special instructions for real estate companies.
Real estate companies – Include in item 53:
(a) Impairment losses as defined by FASB ASC 360 (formerly FAS
144), and
(b) Goodwill impairment as defined by FASB ASC 350 (formerly FAS
142).
EXCLUDE the revenues earned and expenses incurred from the
sale of real estate you own. Such revenues should be reported
as operating income in items 22 (column 2), 57, and as sales of
goods in item 58.
V. SPECIAL INSTRUCTIONS
A. Insurance companies – Reporting should be in accordance
with U.S. Generally Accepted Accounting Principles not Statutory
Accounting Practices (SAP). For example, the BE-15 report should
include the following assets even though they are not acceptable
under SAP: 1. non-trusteed or free account assets, and 2.
nonadmitted assets such as furniture and equipment, agents’ debit
balances, and all receivables deemed to be collectible.
Item on Form:
22 Total sales – Include items such as earned premiums, annuity
considerations, dividends, interest, and items of a similar nature.
Exclude income from unconsolidated affiliates. Also exclude
income that would be reported in item 53, certain gains (losses).
58 Sales of goods – Goods are outputs that are tangible. Report as
sales of goods:
• Mass produced media, including exposed film, video tapes,
DVDs, audio tapes, and CDs.
Premiums earned by companies engaged in insurance
activities. NOTE: Calculate as direct premiums written
(including renewals) net of cancellations, plus reinsurance
premiums assumed, minus reinsurance premiums ceded,
plus unearned premiums at the beginning of the year, minus
unearned premiums at the end of the year.
• Books. NOTE: Book publishers – To the extent feasible, report
as sales of services all revenues associated with the design,
editing, and marketing activities necessary for producing and
distributing books that you both publish and sell. If you cannot
unbundle (i.e., separate) these revenues from the value of the
FORM BE-15B (REV 10/2020)
Page 22
V. SPECIAL INSTRUCTIONS – Continued
30 Total assets – Include current items such as agents’ balances,
uncollected premiums, amounts recoverable from reinsurers,
and other current notes and accounts receivable (net of
allowances for doubtful items) arising from the ordinary course
of business.
31 Total liabilities – Include current items such as loss liabilities,
policy claims, commissions due, other current liabilities arising
from the ordinary course of business, and long-term debt.
32 Total owners’ equity – Include mandatory securities valuation
reserves that are appropriations of retained earnings.
There are items throughout the Form BE-15B that may not apply
to certain types of real estate investments, such as the employer
identification number, the number of employees, and exports and
imports. In such cases, enter zero or leave items blank as appropriate.
D. Joint ventures and partnerships – If a foreign person has a direct
or indirect voting ownership interest of 10 percent or more in a joint
venture, partnership, etc., that is formed to own and hold, develop, or
operate real estate, the joint venture, partnership, etc., in its entirety,
not just the foreign person’s share, is a U.S. affiliate and must be
reported as follows:
1. If the foreign interest in the U.S. affiliate is directly held by
the foreign person, then a BE-15 report must be filed by the
affiliate (subject to the aggregation rules discussed above).
B. Railroad transportation companies – Railroad transportation
companies should include only the net annual balances for interline
settlement items (car hire, car repair, freight revenues, switching
revenues, and loss and damage settlements) in items 30 and 31.
2. If a voting interest of more than 50 percent in the U.S. affiliate is
owned by another U.S. affiliate, the owned affiliate must be fully
consolidated in the BE-15 report of the owning affiliate.
C. Real Estate – The ownership of real estate is defined to be a
business enterprise, and if the real estate is foreign owned, it
is a U.S. affiliate of a foreign person.
Residential real estate held exclusively for personal use and not for
profit making purposes is not subject to the reporting requirements.
A residence that is an owner’s primary residence that is then leased
by the owner while outside the United States, but which the owner
intends to reoccupy, is considered real estate held for personal use
and therefore not subject to the reporting requirements. Ownership
of U.S. residential real estate by a corporation whose sole purpose
is to hold the real estate for the personal use of the owner(s) of the
corporation is considered to be real estate held for personal use and
therefore not subject to the reporting requirements.
Aggregation of real estate investments – A foreign person holding
real estate investments that are reportable on the BE-15 must aggregate
all such holdings for the purpose of applying the reporting criteria (see
instruction I.B. on page 16). File a single BE-15B report covering the
aggregated holdings. If on an aggregated basis any one of the following
three items – total assets (do not net out liabilities), or sales or gross
operating revenues, excluding sales taxes, or net income after provision
for U.S. income taxes – exceeds $300 million (positive or negative) and
the foreign voting ownership in the real estate exceeds 50 percent, file
Form BE-15A. If permission has been received in writing from BEA to file
on an non-aggregated basis, you must report each real estate investment
on a Form BE-15A if a Form BE-15A would have been required on an
aggregated basis. Non-aggregated reports should be filed as a group
and you should inform BEA that they are all for one owner.
On page 1, for the name and address of the U.S. business enterprise,
BEA is not seeking a legal description of the property, nor necessarily
the address of the property itself. Because there may be no operating
business enterprise for a real estate investment, what BEA seeks is a
consistently identifiable name for the investment (i.e., the U.S. affiliate)
together with an address to which report forms can be mailed so that
the investment (affiliate) can be reported on a consistent basis for each
reporting period and for the various BEA surveys.
3. If a voting interest of 50 percent or less in the U.S. affiliate is
owned by another U.S. affiliate, and no U.S. affiliate owns a
voting interest of more than 50 percent, then a separate BE-15
report must be filed by the owned affiliate. The BE-15 report(s)
of the owning affiliate(s) must show an equity investment in the
owned affiliate.
E. Farms – For farms that are not operated by their foreign owners,
the income statement and related items should be prepared based
on the extent to which the income from the farm accrues to, and
the expenses of the farm are borne by, the owner. Generally, this
means that income, expenses, and gain (loss) assignable to the
owner should reflect the extent to which the risk of the operation
falls on the owner. For example, even though the operator and other
workers on the farm are hired by a management firm, if their wages
and salaries are assigned to, and borne by, the farm operation
being reported, then the operator and other workers should be
reported as employees of that farm operation and the wages and
salaries should be treated as an expense.
EXAMPLES:
1. If the farm is leased to an operator for a fixed fee, the owner
should report the fixed fee in “total sales” and should treat the
non-operating expenses that he or she may be responsible for,
such as real estate taxes, interest on loans, etc., as expenses.
2. If the farm is operated by a management firm that oversees the
operation of the farm and hires an operator, but the operating
income and expenses are assigned to the owner, the income
and expenses so assigned should be shown in the requested
detail for income-related items. (The report should not show
just one item, i.e., the net of income less the management fee,
where the management fee includes all expenses.)
F. Estates, trusts, and intermediaries
A foreign estate is a person and therefore may have direct
investment, and the estate, not the beneficiary, is considered to
be the owner.
Thus, on page 1 of the BE-15 survey forms the “name and address”
of the U.S. affiliate might be:
A trust is a person but it is not a business enterprise. The trust is
considered to be the same as an intermediary, and should report
as outlined in the instructions for intermediaries below.
XYZ Corp. N.V., Real Estate Investments
c/o B&K Inc., Accountants
120 Major Street
Miami, FL XXXXX
If the investment property has a name, such as Sunrise Apartments, the
name and address on page 1 of the BE-15 survey forms might be:
Sunrise Apartments c/o
ABC Real Estate
120 Major Street
Miami, FL XXXXX
FORM BE-15B (REV 10/2020)
Page 23
For reporting purposes, the beneficiary(ies) of the trust is (are)
considered to be the owner(s) for purposes of determining the
existence of direct investment, except in two cases: (1) if there is,
or may be, a reversionary interest, or (2) if a corporation or other
organization creates a trust designating its shareholders or members
as beneficiaries. In these two cases, the creator(s) of the trust is
(are) deemed to be the owner(s) of the investments of the trust (or
succeeding trusts where the presently existing trust had evolved out
of a prior trust), for the purposes of determining the existence and
reporting of direct investment (These instructions are not applicable
to REITs.)
V. SPECIAL INSTRUCTIONS – Continued
4. Individuals and members of their immediate family who
are residing outside their country of citizenship as a
result of employment by the government of that country
– diplomats, consular officials, members of the armed
forces, etc. – are considered to be residents of their
country of citizenship.
This procedure is adopted in order to fulfill the statistical purposes of
this survey and does not imply that control over an enterprise owned
or controlled by a trust is, or can be, exercised by the beneficiary(ies)
or creator(s).
For an intermediary:
VI. FILING THE BE-15
1. If a U.S. intermediary holds, exercises, administers, or manages
a particular foreign direct investment in the United States for the
beneficial owner, such intermediary is responsible for reporting
the required information for, and in the name of, the U.S.
affiliate. Alternatively, the U.S. intermediary can instruct the U.S.
affiliate to submit the required information. Upon so doing, the
intermediary is released from further liability to report, provided
it has informed BEA of the date such instructions were given
and provides BEA the name and address of the U.S. affiliate,
and has supplied the U.S. affiliate with any information in the
possession of, or which can be secured by, the intermediary
that is necessary to permit the U.S. affiliate to complete the
required reports. When acting in the capacity of an intermediary,
the accounts or transactions of the U.S. intermediary with
a UBO are considered as accounts or transactions of the
U.S. affiliate with the UBO. To the extent such transactions or
accounts are unavailable to the U.S. affiliate, BEA may require
the intermediary to report them.
A. Due date – A completed report, or Claim for Exemption from
filing, covering a reporting company’s fiscal year ending in calendar
year 2020 is due no later than May 31, 2021 (or by June 30 for
reporting companies that use BEA’s eFile system). Go to
www.bea.gov/efile for details about using eFile.
B. Extensions – For the efficient processing of the survey and timely
dissemination of the results, it is important that your report is filed by
the due date. Nevertheless, reasonable requests for extension of the
filing deadline will be granted.
Requests for extensions may be submitted through the eFile
system at www.bea.gov/efile. All requests for extensions must be
received NO LATER THAN May 31, 2021.
C. Assistance – For assistance, telephone (301) 278-9247 or send
email to be12/[email protected]. Forms can be obtained from BEA’s
Web site at: www.bea.gov/fdi
2. If a UBO holds a U.S. affiliate through a foreign intermediary, the
U.S. affiliate may report the intermediary as its foreign parent
but, when requested, must also identify and furnish information
concerning the UBO. Accounts or transactions of the U.S.
affiliate with the foreign intermediary are considered as accounts
or transactions of the U.S. affiliate with the UBO.
D. Electronic filing option (eFile) – Forms that can be transmitted
to BEA electronically will be available on the BEA website:
www.bea.gov/efile. If you eFile, please do not submit paper
reports.
E. Annual stockholders’ report or other financial statements –
Furnish a copy of your FY 2020 annual stockholders’ report or
Form 10-K when filing the BE-15 report. If you do not publish an
annual stockholders’ report or file Form 10-K, provide any financial
statements that may be prepared, including the accompanying
notes. Information contained in these statements is useful in
reviewing your report and may reduce the need for further contact.
Section 5(c) of the International Investment and Trade in Services
Survey Act, Public Law 94-472, 90 Stat. 2059, 22 U.S.C. 31013108, as amended, provides that this information can be used for
analytical and statistical purposes only and that it must be held
strictly confidential.
G. Determining place of residence and country of jurisdiction of
individuals – An individual is considered a resident of, and subject
to the jurisdiction of, the country in which he or she is physically
located. The following guidelines apply to individuals who do not
reside in their country of citizenship:
1. Individuals who reside, or expect to reside, outside their
country of citizenship for less than one year are considered to
be residents of their country of citizenship.
2. Individuals who reside, or expect to reside, outside their
country of citizenship for one year or more are considered to
be residents of the country in which they are residing, except
as provided in paragraphs 3 and 4 below.
3. If an owner or employee of a business enterprise resides outside
the country of location of the enterprise for one year or more for
the purpose of furthering the business of the enterprise, and the
country of the business enterprise is the country of citizenship
of the owner or employee, then such owner or employee is
considered a resident of the country of citizenship, provided
there is the intent to return to the country of citizenship within a
reasonable period of time.
FORM BE-15B (REV 10/2020)
F. Retention of copies – Each U.S. affiliate must retain a copy of its
report to facilitate resolution of problems. These copies should be
retained by the U.S. affiliate for at least 3 years after the report’s
original due date.
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File Type | application/pdf |
File Modified | 2020-10-21 |
File Created | 2020-10-21 |